McChesney v. Oppek

Action by the plaintiff, the vendee in a contract for the sale of land, to recover of the defendants, the vendors, the first payment *262made on the contract, upon the ground that he had rescinded because of the failure of the defendant's to furnish such an abstract as the contract required. The court found for the defendants. The plaintiff appeals from the order denying Ms motion for a new trial.

On September 8, 1920, plaintiff and defendants entered into a written contract for the sale of a quarter section of land in Nobles county for $38,906. Of this amount $2,000 was paid in cash. This is the…