Fulton v. Chase

— Plaintiff seeks to rescind a contract for the purchase of real estate based upon the inability of the defendant to perform his part of the contract and upon mutual rescission. The defendant asserts an abandonment by the plaintiff .and also that there has been a forfeiture of the contract. The trial court found there had been an abandonment by plaintiff and dismissed the petition. Plaintiff appeals.

There is little dispute in the facts. In November 1947 appellant purchased under contract from the defendant Lot Two (2) in Block One (1) in the Original Town of Guthrie Center, Iowa. $1000 was…