Brown v. Wolberg

The opinion of the court was delivered by

Price, J.:

This was an action for rescission of an option agreement to purchase real estate and a deed given pursuant thereto, and to obtain a return of the purchase price and interest paid, together with taxes paid by plaintiffs during the years 1946 to 1949, both inclusive.

Numerous pleadings were filed by the parties, and the trial court ultimately sustained defendant’s motion for judgment on the pleadings and opening statement. Plaintiffs have appealed.

The original petition was filed on September 26, 1951, and, in substance, it alleges that on or…