Waskey v. Thomas

On this appeal, we consider whether a vendee paying purchase installments under an executory contract for the sale of land is entitled to rescission of the contract and recovery of the installments paid when he learns that the land is held as a tenancy by the entireties and that one of the tenants failed to sign the contract.

There is no transcript of record, and we review the case upon an agreed statement of facts. C. Ray Waskey and his wife were owners as tenants by the entireties with the .right of survivorship as at common law of a tract of farmland. Leon H. Thomas and Margaret E. Thomas,…