Osterloh v. Osterloh

As appears from the foregoing statement of facts, the plaintiff brings suit for recovery of money on a contract and the defendant by counterclaim seeks rescission of the contract. The claimed basis for rescission seems to be threefold: (1) The plaintiff was to surrender possession of a dwelling house and a two-acre tract on which it was situated to defendant, and ü> deliver to him a quitclaim deed to a three-hundred-fifteen-acre tract of which the premises were a part, and execute a general release of all claims against the defendant, all at a time stated, and the house burned down before…