Peery v. Hansen

OPINION

HATHAWAY, Judge.

This is an appeal by Neal and Adda Lee Hansen, husband and wife, defendants in a contract action, from an order of the court commissioner denying their motion for a new trial. Plaintiff-appellee John Peery, seller of a retail business known as Fair Wheel Bikes, filed a complaint against appellants, buyers, for breach of a Deposit Receipt and Sales Agreement. Appellants answered and counterclaimed, seeking rescission of the contract and damages for fraud.

Trial was to the court sitting without a jury. Peery and Neal Hansen testified. Counsel stipulated that the deposition…