Irwin v. Burgan

This case turns on alleged procedural errors. To show what they were we must state the facts at some length.

On May 18, 1925, the respondent filed a bill in equity in the Circuit Court of Jackson County against the appellants Burgan: (a) for the rescission of a contract whereunder he had purchased a theatre from them; (b) to recover back $5,000 cash consideration paid; and (c) to cancel two promissory notes of $2500 each, made to the appellant H.V. Burgan, due respectively in one and two years, these also being a part of the purchase price. The petition alleged the sale was induced by…