Robertson v. Bindel

Barnett, J. †

— This is a rescission action brought by plaintiffs (appellants) to recover the sum of $70,326.36 and interest, less the reasonable value of the use of the property. The complaint alleges that, on March 15, 1960, the parties entered into a real-estate contract for the sale and purchase of certain land with improvements, notably a tavern, situate in Grant County, Washington.

It is further alleged that, on September 5, 1963, the plaintiffs were in possession of the property (hereinafter referred to as the tavern) and that, although plaintiffs were not in default of any of the terms…