Schenkmeyer v. Altheimer

This is a suit in chancery to rescind an executed contract for sale of real property based on fraud and to cancel notes, and, in addition, to recover the consideration paid, and, as a corollary thereto, to enjoin the foreclosure of a second deed of trust on said property executed and delivered by plaintiff in part payment of the purchase price. The defendants comprise the realtors negotiating and handling the sale, the trustee in the deed of trust and the vendors of the real property. The court rendered judgment for defendants. Plaintiff appealed.

The facts adduced in behalf of plaintiff…