Pesciarelli v. Trestain

Plaintiff brought an action at law for rescission of an executory land contract and recovery of money paid thereunder. Plaintiff is the assignee of the original vendee in the contract.

Plaintiff’s assignor purchased the lot in question from defendants on February 2, 1925, and after making monthly payments for more than four years, on April 20,1929, transferred the property to plaintiff, who continued to make monthly payments on the contract for 34 months, until February, 1932. Many of these payments were less than stipulated in the contract, and after three months of default in which no…