Hesselgrave v. Mott

This was an action for the rescission of a written contract and the cancellation of a deed concurrently executed by the plaintiff and delivered to the defendants. The cause was tried to the court without a jury. The court made findings to the effect that the defendants had failed to perform the terms of the contract in certain respects, and thereupon granted to plaintiff a judgment against the defendants in a specified amount of damages, but refused to rescind the contract or declare the deed null and void, as prayed for in the complaint. Plaintiff, deeming himself aggrieved by the judgment,…