Holscher v. Ferry

Defendant in error was plaintiff in the trial court and plaintiffs in error were defendants in an action to rescind a contract between Charles N. Ferry and Paul F. Holscher, who was deceased at the time the action was commenced. We will for convenience refer to plaintiff as Ferry and the defendants (who are the administratrix of the Holscher estate and the heirs of said decedent) as the estate. The trial court entered judgment in favor of Ferry and decreed a rescission of the contract. The estate brings the cause here by writ of error.

The facts were stipulated. Prior to May 23, 1952 Ferry was…