Heverly v. Kirkendall

The plaintiff buyers brought this suit to rescind an earnest money agreement upon the ground that the sellers misrepresented the boundaries of the property purchased. The trial court decreed rescission and the defendant sellers appeal.

A garage was located upon the northwest portion of the property. West of the garage was a gravel roadway whose irregular edge was from two to four feet west of the west edge of the garage. Four feet of the west side of the garage was located upon land owned by the city of Creswell. Defendants were aware of this encroachment. The evidence is conflicting whether…