Owen v. Matz

The defendants, in an action for termination and cancellation of a real estate contract (having already surrendered possession of the premises) counterclaim, asking for a rescission, and for the money paid and other damages, alleging that they were induced to sign the contract and make the payments by false and fraudulent representations.

These allegations of fraud represent the only issue, and we have, basically, a factual appeal.

Finding 11 of the trial court covers the fraud facet of the case as well as we could in several pages:. That at the trial of this action, the defendants failed to…