Hoye v. Century Builders, Inc.

Respondents, plaintiffs below, sued appellant, defendant below, to recover the purchase price of a lot plus the money paid on a contract with the appellant for the construction of a house on that lot.

The prayer of the complaint is:

“Wherefore, plaintiffs pray that the court enter an order rescinding said contract and a judgment against the defendant for the sum of Eleven Thousand Four Hundred Ninety-four and 32/100 ($11,494.32) Dollars, for costs of suit, and for such other and further relief as to the court seems just and proper.”

The controlling fact is stated in the appellant’s brief in the…