Hudson v. Elliott

Plaintiff brought suit individually and as guardian of her husband, Ralph G. Hudson, an incompetent, to rescind a contract and recover earnest money paid thereunder. Subsequent to bringing the action, the husband died, and the suit was continued by plaintiff as his administratrix.

About September 2, 1946, plaintiff and her husband, residents of California, stopped at a tourist court in Vinita, Oklahoma, owned by defendants, El-liotts, and McCandlesses, but encumbered by a mortgage in favor of the defendant bank. Learning the property was "for sale Hudson expressed interest in purchasing the…