Mertens v. Berendsen

This is an action by a purchaser to rescind a contract for the sale of real estate. The plaintiff entered into a written agreement to purchase from the defendant a lot and three-story concrete building on the northeast corner of Kearny and California Streets in San Francisco, for the sum of $150,000. A deposit of $1,000 was paid at the time the agreement was signed. The said agreement provided that the purchaser had “seven days in which to report any defects in either title or survey”. Within the specified time plaintiff gave notice of rescission and de manded the return of his first payment,…