Osterberger v. Hites Construction Co.

SATZ, Judge.

This is an equitable action for rescission on direct appeal.

Plaintiffs, Thomas and Janet Osterber-ger, sued defendants, Hites Construction Company, and Eugene F. Hites and Patricia Hites, individually, alleging that defendants fraudulently concealed from plaintiffs the existence of an outstanding deed of trust on a house which was sold and conveyed to plaintiffs by defendants. In their prayer for relief, plaintiffs requested rescission of the instruments comprising the sale and conveyance and, also, sought actual and punitive damages. Defendants counterclaimed, basically seeking…