Barker v. Ness

NEUMANN, Justice.

[¶ 1] Karen Barker appeals from the judgment of the district court rescinding the sale of a home and ordering Jan Ness and Cynthia Smith to pay Barker $33,830.87. We affirm the judgment of the district court and remand for 'a redetermination of restitution consistent with this opinion.

I

[¶ 2] In 1991, acting as the personal representative for the Estate of Marian Groninger, Jackie Barnett sold a house under a contract for deed to Gerald and Lailone Hyatt. Under the contract for deed, Barnett included a section entitled “Condition of Premises” in which mention is made of a…