Jensen v. Ledgett

J. L. Ledgett and his wife, LaVerne Ledg-ett, appeal from a judgment (1) granting rescission, due to mutual mistake, of their contract to sell certain real property to Paul W. Jensen and Lena Jensen, and (2) returning to the Jensens the sum of $8,000 cash and a $2,000 promissory note, both given as a down payment on the purchase.

The basis for rescission advanced in the Jensens’ complaint, and the theory upon which the action was tried, was the alleged fraudulent misrepresentations of J. L. Ledgett which induced the purchase. Ledgetts counterclaimed for forfeiture of the contract and judgment…