Hintz v. Lazarus

Clarence M. and Marilyn G. Hintz filed an action seeking to have a certain contract for the sale of their farm to the defendant, George Lazarus, “cancelled” on grounds of fraud and unconscionability. Lazarus counterclaimed in the alternative for specific performance or money damages. After a bench trial, the court entered an order finding that Lazarus was guilty of actionable misrepresentations, that the subject contract was unconscionable, and declaring the contract cancelled. The Hintzes were ordered to return Lazarus’ earnest money and to pay Lazarus an amount equal to the legal fees…