Carter v. Kim

Banke, Judge.

The plaintiffs sued to recover $17,000 which they had paid to the defendants pursuant to an agreement for the purchase of a business known as “Mutt & Jeff Porkskins Company.” The complaint alleged both that the agreement was unenforceable and that it had been mutually rescinded. The trial court found the contract unenforceable as a matter of law, both because it failed to identify the assets included in the sale and because the defendants were shown not to be the actual owners of the business. He accordingly directed a verdict for the plaintiffs, and the defendants appealed.

The…