Porras v. Bass

This is a suit to foreclose a land sale contract. Plaintiffs (sellers) appeal from a decree granting defendant (buyer) rescission under his counterclaim. We review de novo and find that plaintiffs were entitled to a decree of foreclosure and that the trial court improperly allowed defendant to rescind the contract.

The parties were involved in an exchange of properties. Defendant was the owner of Gabby’s Tap tavern, which he sold to plaintiffs for $10,000 in cash and $15,000 credit toward the purchase of plaintiffs’ Shady Grove property, consisting of a small lot and a house trailer. The Shady…