Andrus v. Irick

McFADDEN, Justice.

Petition for rehearing having been granted, and the cause reheard, the previous opinion is withdrawn, and this opinion issued in lieu thereof.

We shall dispose of the issues presented, in this order: first by defendants’ cross-appeal; and second by plaintiffs’ appeal.

DEFENDANTS’ CROSS APPEAL

Plaintiffs, appellants and cross-respondents herein (hereinafter referred to as plaintiffs), instituted this action to rescind a certain real estate contract wherein they were the purchasers and the defendants (respondents and cross-appellants), were the vendors. By their complaint the…