May v. Lathers

Plaintiff-respondent’s right to recover his down payment and other moneys does not require him to show that the contract under which he agreed to purchase appellant’s land was invalid. We may assume that the contract met all legal requirements and still affirm the judgment of the trial court because of appellant’s inability to perform his contractual obligations.

On March 9, 1948, plaintiff May caused to be served on Lathers, by service on his wife, a notice of rescission of the contract, specifying the following grounds:(a) Failure to convey to plaintiff May by warranty deed two hundred forty…