Child v. Hayward

CROCKETT, Justice.

Henry Child, plaintiff-seller, sues Coy and Aldin Hayward, defendant-buyers, for rescission of a real estate contract, or in the alternative for damages, on the ground that defendants breached a covenant therein to convey a portion (a 45xl22-foot strip) of the land in question to plaintiff’s adult son, Eugene Child.

Upon trial to the court without a jury, at the close of plaintiff’s evidence, the court granted defendant’s motion to dismiss. Acting pursuant to Rule 41(b), U.R.C.P., the court made findings of fact and entered judgment thereon. The purpose of this procedure is…