Weisberger v. Smith

Tolman, J.—

Appellant, as plaintiff, brought this action to recover money paid on an executory contract for the purchase of real estate, plus the value of improvements and betterments, which contract, he alleged, had been rescinded. A trial on the merits resulted in a judgment denying relief, and from that judgment the plaintiff has appealed. The facts, stated somewhat generally, are as follows:

On September 28, 1922, appellant purchased, under executory contract, a residence property in the city of Yakima for a consideration of eight thousand five hundred dollars. A small sum was paid down, a…