Fox v. Wilson

The opinion of the court was delivered by

Foth, C.:

This case started out as an action to foreclose and cancel a contract for the sale of a ranch, bought by the sellers alleg ing default by the buyers. By counterclaim it was converted into, and was basically tried as, an action by the buyers against the sellers for damages for fraud.

The trial court, after hearing eight days of testimony, refused to foreclose the contract and awarded damages to the buyers in the total amount of $181,269.78. The sellers, plaintiffs-appellants, were Melvin V. Fox and his wife Barbara; the buyers,…