Star Apartment, Inc. v. Martin

STRUM, Circuit Judge.

This action was brought to rescind an ex-ecutory contract for the sale of an apartment building in Miami, Florida, and to recover the sum of $10,000 paid by plaintiff as part of the purchase price. The appeal is from a summary judgment in favor of plaintiff, who was vendee in said contract, the defendant being the vendor.

The grounds for rescission are that the terms of a first mortgage on the property are in fact more onerous than specified in the contract of sale, and that leases existing on many of the apartments in the building, extending beyond the closing date of the…