Peterson v. Herndon

GLADNEY, Judge.

This action to rescind a sale of realty was brought by Cloves Peterson against Valry Herndon on the ground of lesion beyond moiety. The case was tried on its merits after the court had overruled a motion filed by the defendant for a summary judgment. The trial court determined that the subject property had a market value of $575 per acre and rendered judgment in favor of plaintiff granting unto the defendant the option of treating the conveyance as null and receiving back the purchase price of $1,250 with legal interest or of paying to plaintiff the difference between the sale…