Gwin v. Calegaris

Plaintiff sought by this action to have it adjudged that a contract for the purchase by him from defendant of a lot of land had been rescinded, and to recover twenty-five hundred dollars paid by him as a deposit on account of such purchase, and fifty dollars expense of examining title, with interest from September 12, 1898.

Defendant had judgment in the court below, and plaintiff appeals from the judgment and an order denying his motion for a new trial.

It appears from the record that on July 29, 1898, plaintiff and defendant entered into a written contract, by which defendant agreed to sell,…