Stadelmann v. Boothroyd

Wilson, O. J.

Plaintiffs appealed from an order denying their motion for a new trial.

Defendant sold a farm to plaintiffs by a contract for deed. They were given credit for a small farm conveyed to defendant. The balance was $27,830. On February 18, 1925, plaintiffs assumed the right to rescind and brought this action.

The alleged right to rescind rests on the claim that defendant on January 28, 1925, entered into a written lease renting the farm to one Benson for three years from March 1, 1925. It is claimed upon authority of Engel v. Mahlen, 153 Minn. 1, 189 N. W. 422, that defendant thus…