Power v. Esarey

Plaintiffs sought, in this action, to rescind a contract to purchase from the defendants a small tract of land upon which a grocery store and meat market was operated by defendant’s (W. W. Esarey) brother, Howard Esarey, who had an equity in the land and store, the exact character and extent of which is not made apparent in the record, nor is it material in considering the questions raised in this appeal.

On January 28, 1947, the plaintiffs contracted with the defendants to purchase both the land and the store. Two contracts were executed on the same date, the subject matter of one being the…