Jaggers v. Hawkins

WADDILL, Commissioner.

The appeal is from a judgment dismissing appellant’s action seeking rescission of a contract he executed for the purchase of certain property from appellees.

Appellant contends that he was entitled to the relief sought because appellees were unable to convey the property free of all encumbrances on April 1, 1957, in accordance with the specific requirements of the contract of sale. Therefore, it is urged that the court erred in failing to adjudge that appellees breached the contract and appellant thereupon was released from his obligation to purchase the property.

On March…