Walcrath Realty Co. v. Van Dyke

The action is at law to recover instalments due on a land contract. Defendant pleaded rescission for fraud, with cross-declaration for return of moneys paid. Plaintiff had judgment in justice’s court, but defendant recovered payments made on jury trial in circuit court. Plaintiff’s motions for directed verdict and for judgment non obstante were denied.

Defendant claims that, at the time of purchase, plaintiff represented it had title under warranty deed, and she relied on the representations. About a year before suit she heard plaintiff did not have title but was making payments for the land,…