Torluemke v. Abernathey

The opinion of the court was delivered by

Harvey, C. J.:

Plaintiffs brought this action to rescind and cancel a contract they had made with defendants for the purchase of certain real property and to recover the sum of $5,000 which they had paid thereon. The trial court sustained a demurrer to their evidence and rendered judgment for defendants. Plaintiffs have appealed.

The facts disclosed by the record may be summarized as follows: The defendants, Perry C. Abernathey, Cora M. Sweat and Nora Edith Carr, were the children, and Lena M. Abernathey the widow, and together were the surviving heirs…