Davidson v. Wright

KEY, C. X

This motion has been given careful consideration, and our conclusion is that it should be overruled.

[1] The plaintiffs did not sue for a rescission of the contract, nor did they seek any other equitable relief. Their suit was based upon the allegations that they had made a contract with the defendants for the purchase of four acres of land, to be paid for at the rate of $300 per acre, and that as a matter of fact there were only 33/io acres, although they paid for four acres; and they sought to recover $210, which they paid to the defendants in excess of $300 per acre for the land…