Wells-Dickey Trust Co. v. Lien

Taylor, C.

This action was brought by Cora M. Cootey against Andrew D. O’Brien to rescind the purchase of an undivided one-third interest in a tract of 3,050 acres of Montana land and to recover the purchase price of $9,000 paid therefor. Both parties died before the trial of the action and the representatives of their respective' estates were substituted in their stead. For convenience we shall use the terms plaintiff and defendant whether referring to the original parties or to the present parties.

The Cootey family and the O’Brien family were intimate friends. The Cooteys resided in…