Dunshee v. Novotny

Defendant in error, plaintiff in the court below, brought this suit for rescission of a contract for the sale and purchase of certain real estate and to recover the consideration paid. His action is based mainly on the alleged false and fraudulent representations of the plaintiff in error concerning first, the price of the land, and second, the existence of the Kerber Creek Irrigation District. The parties will be here designated as in the court below.

The complaint alleges in substance that the defendant represented to plaintiff that he was the agent of the owner of a tract of land consisting…