Wensler v. Tilke

The opinion of the court was delivered by

Marshall, J.:

In this action the plaintiffs seek to reform a contract for the purchase of real property and to recover money paid on the purchase price. Judgment was rendered in favor 'of the defendant on a demurrer to the plaintiffs’ evidence. . The plaintiffs appeal.

September 29, 1909, the plaintiffs and the defendant signed a simple written contract for the purchase of real property, by which the plaintiffs were to pay the defendant $45 per acre for 200 acres of land. The first $1000 was paid as provided in the contract. Semiannual interest at six…