Timmons v. Bender

SHANGLER, Judge.

The plaintiffs Timmons sued for actual and punitive damages for fraud in a real estate transaction. The defendants Bender as sellers and the defendant Painter as broker move for summary judgment on the ground that the plaintiffs had elected the remedy of rescission. The court entered summary judgment on the petition and the plaintiffs appeal.

The motion for judgment was heard by the court on arguments and evidence. The defendants presented the deposition testimony of the parties to support the motion. The plaintiffs rested on the effect of the petition as claims for fraud. The…