Mends v. Dykstra

Plaintiffs sued for rescission of a contract to purchase defendants’ dwelling, or in the alternative, for damages because of defects in the dwelling. A judgment was entered for the defendants in accordance with the jury verdict in the Eighteenth Judicial District Court, Gallatin County. We reverse the District Court, holding that it erred in refusing plaintiffs’ instructions on constructive fraud, and in giving an alternate fraud instruction.

In May of 1978, while viewing homes for sale in the Belgrade area with their realtor, Nigel and Catherine Mends noticed a “For Sale” sign outside the…