Beardsley v. Clem

CHIPMAN, C.

Rescission. Defendants had judgment, from which plaintiffs appeal on the judgment-roll alone.

The original plaintiffs were Clarence L. Beardsley and Grace M. Beardsley, his wife. Defendants were husband and wife. Aftér a demurrer had been sustained to the complaint, and pending demurrer to the amended complaint, plaintiff Clarence died, and plaintiff Grace was substituted as administratrix of her husband’s estate, and a supplementary and amended complaint was filed, which was answered, and the cause was tried by the court on these pleadings.

Plaintiffs owned a ten-acre tract of land…