Hickman v. Cooper

LONG, Justice.

This suit was instituted by W. Percy Cooper and wife against C. M. Hickman and wife, for the cancellation and rescission of a deed, note and deed of trust given in connection with the purchase by plaintiffs from defendants of a ten acre citrus orchard in Hidalgo County, Texas. Plaintiffs sought cancellation of the above instruments on the ground of misrepresentation and fraud on the part of the defendant, C. M. Hickman, in that Hickman misrepresented the number of a certain kind of citrus trees planted upon said ten acre tract. A trial was had before the court with the aid of a…