Rasmussen v. Davis

HENRIOD, Justice.

Appeal from a judgment on motion to' dismiss plaintiffs’ amended cause of action for alleged 1) deceit and 2) breach of an agreement substituting for or “rescinding” a contract of sale of a dairy farm. Affirmed, no costs awarded.

The original contract set a $32,000 price, payable $8,000 down, $5,000 in 9% months, evidenced by a note secured by chattel mortgage, with $3,000 annual payments thereafter. Plaintiffs sought to 1) delete the forfeiture clause as being against public policy and to 2) recover $25,000 damages for alleged deceit as to the farm’s assets and character.…