Ebaugh v. Burns

MR. CHIEF COMMISSIONER LEIPER

prepared the opinion for the court.

Plaintiff (appellant herein) appealed from an order of the trial court granting defendants’ (respondents herein) motion for a new trial. The action is prosecuted against defendant Robert E. Burns only, and is for the rescission of a contract for the purchase of land and also for the recovery of that part of the purchase price paid under the contract, as well as for the recovery of certain moneys expended in making improvements on the land included within the contract.

The cause was submitted to a jury, which found generally for…