Vail v. Bailey

This action was brought by appellants herein to recover damages for alleged fraud in the sale and purchase, under executory contract, of a telephone system, and further, to enjoin respondents from enforcing a threatened forfeiture of the contract. Bespondents denied the allegations of fraud, and by cross-complaint sought to have the contract forfeited for failure to make the agreed payments. Trial before the court resulted in a decree adjudging that ap pellants take nothing by their action, and that the contract he forfeited and cancelled. From that decree, this appeal was taken.

The…