Hopper v. Williams

Plaintiffs brought suit to cancel a written agreement relating to the purchase by them of certain real and personal property, and to recover the amount paid by them on account of the real estate described in the agreement. They predicated their action on allegations of fraudulent misrepresentation made by the defendants concerning the property. The defendant sellers cross-complained, praying that the purchase agreement be canceled for failure of the plaintiffs to comply with certain of its provisions; that the payments previously made thereunder by the plaintiffs be forfeited to the sellers;…