Viebahn v. Gudim

Otis, Justice.

This is an action to rescind the purchase of a motel. Plaintiffs allege the gross income was misrepresented by the owners and their broker. An advisory jury found the agent guilty of fraud but exonerated the vendors who were, however, held vicariously liable by the court. This appeal is brought by the agent only. Neither the purchasers nor the vendors have cross-appealed. The purchasers have sought review of their right to interest as an offset against rent.

The controlling issues are whether or not, prior to the time the transaction was closed, the vendors disclosed to the…