Hunt v. Dillon

Opinion by

JONES, C.

This action was instituted in the district court of Muskogee county by the defendant in error, as plaintiff, against plaintiff in error, as defendant, to recover certain sums of money theretofore paid to the defendant as a part of the purchase price of certain picture show equipment and furnishing's, which were sold to the plaintiff by defendant under a warranty of title, and for damages and attorney’s fee.

Plaintiff seeks to rescind the contract under which the equipment and furnishings were purchased, because of the failure of title to the property in the defendant, and…