Levytansky v. Bernon

The parties to this suit entered into a written contract whereby A. Le-vytansky agreed to sell a stock of merchandise to J. A. Conn and H. A. Bernon for the sum of $58,000, of which $9,000 was paid in cash to Levytansky, and the balance was covered by installment notes. Subseqently the purchasers claimed that the seller had deceived the purchasers into making the contract, whereupon the parties rescinded the sale, and Levytansky agreed to refund the cash and return the notes to the purchasers. He did refund $3,000 of the $9,000 cash payment, but later refused to pay over the balance of…