Rummer v. Throop

The vendees under a contract to purchase a farm brought this action to rescind for fraud. The complaint alleges that false representations, upon which the vendees relied, were made with respect to the size and productive capacity of the farm, the acreage seeded, freedom from weeds, and the harmless effect of magnesium oxide dust from a nearby industrial plant. The plaintiffs sought recovery of $8,200 paid on the purchase price and $8,575 as. consequential damages.

The vendors denied the principal allegations of the complaint. They also counterclaimed for recognition of their forfeiture of the…