Parker v. Mouse

The opinion of the court was delivered by

Hutchison, J.:

This was an action brought in Lyon county November 29, 1935, to rescind a written contract for the purchase of 797% acres of land in Pottawatomie county for $12,760, on which the plaintiff, purchaser, had made a cash payment of $2,000, and for judgment for the $2,000 thus paid with interest because of the failure of the defendant, the landowner, to comply with the terms of the written contract, wherein the owner was required “to furnish warranty deed and abstract brought down to date showing a clear and valid title except a first mortgage…