Burgess v. Murphey

The plaintiff’s petition alleged substantially that she purchased certain described real property from the defendant and paid him $2,000 of the purchase-price, and for the remainder of the purchase money executed notes jointly with her husband (whom she made a defendant); that the defendant vendor conveyed this real property to her husband alone, and she thereupon decided to rescind her contract of purchase, and served the vendor with written notice of her intention to rescind, and made a demand *515upon him for the $2,000 which she had paid as a part of the purchase-price. The petition contained…