Cleveland v. Mochel

GIVENS, J.-

— -In May, 1927, appellants agreed to purchase from respondents a certain dwelling-house in Lewiston, to pay a portion of the purchase price at that time and the balance at certain future dates. Thereafter and in the same month appellants entered into possession. About the middle of August, appellants notified respondents that they elected to rescind the contract, alleging fraudulent representations, and thereafter instituted this action to rescind and for the return of the money which they had paid.

Appellants assign as error the refusal of the trial court to permit an amendment…