McLean v. Vail

Plaintiffs, Richard J. and Shannon L. McLean, brought this action against defendants, J. N. and Bernice C. Vail, to rescind a contract for the purchase of real estate. Defendants cross-complained, seeking forfeiture. Judgment was entered denying rescission and quieting title to the real estate in the defendants, subject to the defendants paying plaintiffs $5,298.31. Both parties appeal.

Since plaintiffs have assigned no error to the findings of fact entered by the trial court, they will be accepted as verities with respect to plaintiffs. CARO A 43. These findings disclose that on February 13,…