Bailey v. Kuida

PATTERSON, Superioi Judge.

Joseph A. Bailey and Eva M. Bailey, husband and wife, hereafter called plaintiffs, brought an action against Walter B. Kuida and Christine M. Kuida, husband and wife, hereafter called defendants, to rescind a contract of sale and purchase of real estate.

The sale was negotiated through J. W. Carter, a real estate broker, as agent for defendants. Carter represented to plaintiffs before an agreement was signed that in-his opinion the property could be used for construction of an apartment house thereon.

His testimony in part is as follows :

“Q. And it is true, is it not,…