Stewart v. Tate

Action to rescind and recover hack a payment made on the purchase price of farm lands. ■ Prom a judgment for defendants, plaintiff appealed. Plaintiff having died, the suit is now prosecuted in the name of the administrator, but wherever the term plaintiff is used in this opinion it refers to the original plaintiff.

Under a written contract, plaintiff purchased two quarter sections of land from defendants, and paid $1,000 on the purchase price at the signing of the contract; $1,100 was thereafter paid and a promissory note for $1,000 executed and delivered. Plaintiff established his home on…