Gardner v. Thomas R. Sharp & Sons

This is a bill in equity for rescission of a land contract wherein plaintiffs are vendees and the defendant corporation the vendor. The original contract bears date September 1, 1929. It provides that within certain limitations the vendor might mortgage the property. In this particular the terms of the land contract are the same as those quoted in Dirr v. Hitchman, 260 Mich. 179. The mortgage was dated July 30, 1929, and was due and payable five years from date. In September, 1932, plaintiffs instituted a suit in equity wherein cancellation of the contract was sought on grounds not involved…