Roethemeyer v. Milton

This is an action by the vendees under a contract for the sale of real estate to recover money paid on the purchase price and outlays for improvements, on the ground of fraud and mutual rescission. The vendees (Roethemeyer) had previously brought an action to recover the same items on the same grounds, which action was decided adversely to them by this court. Roethemeyer v. Milton, 177 Wash. 650, 33 P. (2d) 99. In order to get the bearing of that de- cisión on the issues in this case, we shall, with as little repetition as possible, state what we regard as the material facts from the…