Winn v. Mannhalter

OPINION

COMPTON, Justice.

This is an appeal from a Civil Rule 41(b) dismissal of a complaint for rescission. The Winns purchased a restaurant business as a going concern from the Mannhal-ters. One of the business assets was a lease purportedly ending in 1986. Following a default on a deed of trust encumbering the underlying fee, the foreclosure purchaser’s assignee asserted superior title in 1981, whereupon the Winns sued the Mann-halters and their realtor for rescission and subsequently quit the premises. The Mannhalters counterclaimed for the purchase price and cross-claimed against their…