Holley v. Jackson

Seitz, Chancellor:

John V. and Mary B. Holley, husband and wife (“plaintiffs”), brought this action to rescind a contract for the sale of certain real estate (and personal property used therein) which was made with the defendants. This is the decision after final hearing.

The agreement of sale, dated March 20, 1959, involved then unoccupied real estate in Kent County which was useable for a restaurant. Some of the events leading up to the execution of the contract of sale are pertinent. Plaintiffs decided to purchase a property suitable to operate a restaurant. They had no experience in real…