O'Connor v. Whitesitt

This action is one for the rescission of a written agreement for the purchase of a five acre tract of land near Stevensville, Montana, and the recovery of the sum paid upon its purchase price.

Plaintiff’s complaint alleges that on July 11, 1946, the defendant, by an agreement in writing designated “Earnest Money Receipt,” agreed to convey to the plaintiff said tract of land for a total consideration of $5,800, payable $50 down, $2,500 July 16, 1946, and $3,250 August 16; 1946.

The execution of the agreement and the making of the first two payments totalling $2,550 are admitted. The complaint…