Downs v. Smith

This is an action to rescind a contract for the purchase of certain real property, including the personalty used in connection therewith, on the ground of false representations and fraud.

The action was tried to the court, resulting in a decree rescinding and canceling the contract and awarding a judgment in favor of the plaintiffs for the amount paid by them on tbe purchase price, with legal interest. From that judgment tbe defendants appeal.

Tbe real estate in question was improved and equipped as a natatorium and dance ball, and bad been operated by tbe seller as a public place of amusement.…