Bates v. Smith

BURCH, C.

Plaintiffs, claiming to have rescinded their contract of purchase of certain Davison county land, bring this action to recover the earnest money paid thereon. Defendants in turn seek specific performance of the contract. The case was tried to' *604the court without a jury, decision and judgment were entered in favor of the defendants, denying recovery of the purchase money to the plaintiffs, and decreeing specific performance of the contract. From this judgment and from the order denying a motion for new trial, the plaintiffs have appealed.

[i] Appellants complain of the findings of the…