Herrett v. Wershnig

— This action is for the recovery of damages for the alleged breach of a real estate contract. The complaint of respondents alleged that they bought the property involved in the action for the purpose of subdividing and selling it. There is, however, no allegation in the complaint, nor is there any proof in the record, that such fact was made known to appellants.

The defense consisted of a general denial and two affirmative defenses. The first affirmative defense is unimportant because of our ultimate conclusion. In the second affirmative defense, it is alleged that the instrument in suit was,…