Callister v. Millstream Associates, Inc.

OPINION

ORME, Judge:

Plaintiffs appeal from a judgment against them in an action they commenced to recover damages for defendant’s alleged breach of an agreement to buy real estate. After a two day trial to the court, the district court agreed with defendant’s position that it was entitled to rescission of the agreement because (1) plaintiffs were unable to convey clear title at closing and (2) plaintiffs misled defendant concerning the number of apartment units that could be built on the property. We affirm the judgment against plaintiffs, albeit on only one of the grounds relied on by the…