Kundel v. Portz

Plaintiffs appeal from judgment of no cause of action, entered January 6, 1941.

On March 4, 1938, plaintiffs purchased from defendant Hill, stepdaughter of defendant Portz, the grocery store and meat market, including merchandise, fixtures, and lease, located at 7719 Harper avenue, Detroit, at a price of $2,500. Plaintiffs paid $1,000 in cash and executed promissory notes for the balance, which was to be paid in monthly instalments of $75. Plaintiffs took possession and began operating the store.

On June 18, 1938, plaintiffs filed bill of complaint charging defendants with fraud and…