Hyman v. Boyle

Plaintiff herein, as vendee, seeks to rescind a contract for the purchase of real estate from the defendant, and to recover the money paid thereunder. Defendant by cross-bill prays for specific performance of the contract. Plaintiffs bill was dismissed and a decree entered for defendant. Plaintiff appeals.

The contract was entered into on August 2, 1920. Its terms are not in dispute. Plaintiff made the interest payments due thereon and paid the taxes until April 10, 1925, when he served notice of rescission and made demand for all moneys paid by him, including the down payment. The contract…