Doerr v. Henry

BRIGHTMIRE, Chief Judge.

This is a real estate mortgage foreclosure action in which the defending mortgagors filed a counterclaim for cancellation of the mortgage, rescission of the real estate sales contract, and damages for breach of contract and fraud.

The trial court granted the plaintiffs a decree of foreclosure and denied the defendants relief on their counterclaim.

We reverse and remand.

I

The operative facts are somewhat involved and center on the plaintiff sellers’ misrepresentation of the quantum of land they owned and sold, on which the defendant purchasers relied in buying the property.