Petersen v. Boyd

This is an appeal from a judgment of dismissal entered after a demurrer had been sustained to a third amended complaint, by which the plaintiff, Marie Petersen, seeks to recover a one-thousand-dollar down payment (and $28.58 closing charges) because of alleged fraud which induced her to enter into an earnest-money agreement which she claims to have rescinded. The fraud relied upon as a basis for the rescission and the recovery requested is most unusual. There is no contention that the property was not as represented or that it was not worth the agreed purchase price of $9,950, but merely that…