Morse v. Kogle

The opinion of the court was delivered by

Hoch, J.:

This case arose out of the sale of a residence property. The plaintiffs, who had bought the property and made a down payment, sought to rescind the contract on the ground of fraud and to recover the amount paid. The defendants prevailed and the plaintiffs appealed. The principal question presented is whether by their-acts subsequent to knowledge of the alleged fraud, the appellants affirmed the contract and thereby lost any right to rescind which they might have asserted. . '

Kenneth E. Kogle and Eula I. Kogle, his wife, owned a residence…