Neves v. Wright

STEWART, Justice:

Plaintiffs initiated this action to rescind a uniform real estate contract for the purchase of a home and to obtain restitution of their payments. Defendants, as sellers, counterclaimed, seeking a declaration of plaintiffs’ default under the contract and a foreclosure of plaintiffs’ interest. The parties stipulated to a sale of the property, with plaintiffs retaining their right to pro*1197ceed pursuant to their complaint, and defendants reserving their rights under the counterclaim. The trial court granted plaintiffs’ demand for rescission and restitution of their payments,…