Preston v. McDonnell

Elizabeth Preston and James Preston, mother and son, brought this action to rescind two contracts they had with the defendant, Sidney McDonnell. Upon a special jury verdict finding neither fraud nor failure of consideration, the District Court of the Thirteenth Judicial District, Yellowstone County, entered judgment for McDonnell. McDonnell was thereafter awarded $9,500 in attorney fees and $210 in costs.

In early 1977, James Preston and his mother Elizabeth Preston bought a bakery in Billings, Montana. In 1978 they became interested in buying another bakery in Red Lodge, Montana. James…