Schnier v. Percival

McLUCAS, J., pro tem.

Plaintiff brought suit to recover the purchase price paid by plaintiff to H. B. Eshleman, doing business under the style and firm name of H. B. Eshleman Realty Company, for certain real property which was owned by defendants and which was being sold by Eshleman as the agent of defendants. Judgment was rendered for plaintiff, and defendants appeal therefrom.

Appellants were joint owners of certain real estate, the title being in the name of appellants J. Phil Percival and Eugene P. Fallís, as trustees for all of the owners. According to the testimony of respondent’s witness…