Acton v. Deliran

STEWART, Associate Chief Justice:

The Actons brought this action for rescission of a real property sales contract and restitution of amounts paid under the contract. 1 The dispute arose primarily because the land subject to the contract is landlocked and has no water. The Actons sought rescission based on fraud, misrepresentation, and mistake of fact. The case was tried to a jury, which returned a verdict for the defendants. The Actons’ motion for a directed verdict was denied. Several months thereafter, the trial court heard more evidence without a jury and ruled that defendants J.B. Deliran…