Rutherford v. Page, Southerland & Page

PHILLIPS, Chief Justice.

Appellants brought their suit in the court below seeking damages for an alleged breach of contract for the lease of an aircraft. The defendants below, and the ap-pellees here, admitted the execution of the contract but asserted that it was void for failure of consideration, lack of consideration, mutual mistake, misrepresentation and the breach of express and implied warranties.

On substantially the same grounds, ap-pellees, by counterclaim, sought rescission of the contract and their special damages comprised of expenses and rental for the time that the plane was…