Klimek v. Continental Insurance

These are appeals from judgments in favor of the sellers in a purchasers’ action to rescind a timber sales contract and an action on the purchasers’ performance bond. 1 Plaintiffs (the purchasers) sued for rescission in three counts: (1) fraudulent misrepresentation, (2) mutual mistake of fact and (3) acceptance of the sellers’ offer to rescind. The trial court granted a partial summary judgment in favor of defendants with respect to the first two counts and, after trying the third count in equity, found for defendants. It then granted defendants’ motion for summary judgment on their…