Emerson v. Lewis

WILLIAMS, Justice.

Plaintiff, John R. Emerson, brought this action against defendants, Sidney Lewis and Marie Lewis for the rescission of a real estate contract. Defendants filed an answer controverting plaintiff’s allegations and also filed a cross-petition in which they sought judgment against plaintiff for damages for allegedly fraudulent conduct on his part. A trial was had to the court on September 18, 1953, on plaintiff’s petition and defendants’ answer, the issues raised by defendants’ cross-petition being reserved for future determination by the jury. At the conclusion of the trial the…