Davey v. Brownson

Plaintiff, Ann D. Davey, a purchaser, brought this action to rescind a real estate contract covering the sale of the Bluebird Motel in Spokane. Originally, the complaint alleged fraud and misrepresentation, but was later amended to include mutual mistake. The trial court granted rescission based upon mutual mistake; ordered the defendant vendor, Dorothy M. Brownson, to return the down-payment of $12,898.90, permitting her to retain the install ment payments; and authorized defendants, Victor Robisch and A. A. Johns Realty Company, to retain $2,793 paid on their real estate commission, but…