Caldwell v. Tilford

CHARLES P. ELMER, Superior Court Judge.

In this action the appellant, who was the plaintiff below and will be so referred to, sued the appellee, defendant below, in two counts arising out of the same transaction.

The first count is for rescission of a contract made on June' 8, 19S6, involving the sale of certain real property by defendant to the plaintiff. Plaintiff alleged in his complaint that while prior to institution of the action, he fully performed all obligations of the contract, the defendant breached the same by failing to install a gas meter to service the property as promised.

Plainti…