Moore v. Midgette

LARKINS, District Judge:

SUMMARY

This cause came before the Court for trial without the intervention of a jury. It arose out of a real estate transaction and the prayer for relief is directed to the equity powers of the Court. Jurisdiction is based on diversity of citizenship and the requisite statutory amount in controversy.

Plaintiffs seek to rescind a contract of purchase and sale for certain hotel properties located at Nags Head, Dare County, North Carolina. Plaintiffs further seek to have determined void, and thereby rescinded, the related note secured by a Deed of Trust executed by them…