Chacon v. Scavo

Opinion by

Mr. Chief Justice Sutton.

The parties appear here in the same order as in the trial court.

The essence of plaintiff’s complaint is that they had entered into a contract with defendants whereby they were to receive building sites, and that because of city restrictions the land could not be used for the construction of houses. The complaint was based on three alternate theories: failure of consideration, mutual mistake, and misrepresentation. The trial court granted a motion for summary judgment dismissing the complaint. To review that judgment plaintiffs prosecute this writ of error.

The…