Briscoe v. Pittman

Plaintiff brought what purported to be a suit seeking to abate part of the purchase price of real property because of fraud by the sellers. Plaintiff was successful and defendants appealed. Plaintiff has made no appearance in this court.

Defendants’ principal contention is that neither the complaint nor the findings of the trial court justify a decree for plaintiff. The complaint alleges, after setting forth the agreement for purchase and sale, as follows:

“At the time of entering into said agreement and immediately prior thereto, the defendants represented to the plaintiff that said real…