Bellport v. Harrison

The opinion of the court was delivered by

Harvey, J.:

This is an action by the purchaser to rescind a contract for the purchase of a “He royalty” in certain land because of the nonperformance of such contract on the part of the sellers, and to recover the money paid, with interest. It was tried to the court and jury, special questions were answered, and plaintiff recovered the full amount claimed. Defendants have appealed.

Briefly, the facts shown by the record are substantially as follows: The defendants, W. B. Harrison and J. W. Craig, were the owners of the southwest quarter of a certain…