Brown v. Herman

Respondents brought this action to recover unpaid installments due under a contract for the sale of real and personal property to appellants. Appellants counterclaimed for rescission of the contract and restitution. Respondents replied with allegations of waiver and estoppel. Trial was had before the court sitting without a jury. Appellants’ counterclaim was denied and judgment was entered for respondents in the amount of five monthly installments then due, plus attorneys fees as provided in the contract. This appeal ensued.

The property in question is a grocery store, gas pump, tavern, and…