Tomsheck v. Doran

MR. CHIEF JUSTICE ADAIR:

Suit in equity to rescind and cancel a contract for the sale of 640 acres of particularly described rough unbroken rocky lands situate in sections 8 and 17, in township 33 north, range 3 west, M.M. in Toole county, Montana.

At the times here involved the plaintiff Tony Tomsheck possessed approximately 9,000 acres of similar lands located in the vicinity of the lands described in the contract all being used for stock raising or agricultural purposes and requiring the services of considerable farm labor.

In March 1951, the plaintiff, Tony Tomsheck, as first party, and the…