McAllister v. Bardsley

— This action was brought by respondent to rescind a contract for the sale and purchase of real estate and personal property on the ground of fraudulent representations made by appellants before the contract was entered into and to recover the money paid thereon, together with damages. The cause was tried to the court without a jury. Findings of fact and conclusions of law were made and filed and judgment thereon entered in favor of appellants. A motion for new trial was duly made and granted. This appeal is from the order granting the motion for a new trial.

Six assignments of error are…