Reynolds v. Janzen

Plaintiffs, as sellers, brought this suit to obtain a rescission of a timber sale contract. The trial court sustained a demurrer to the complaint because the complaint did not allege facts showing a material breach of the contract on the part of defendants-purchasers. Plaintiffs declined to plead further and have appealed from the order dismissing the case.

The complaint described several alleged breaches of the contract. However, it is conceded that the allegations which follow were the only ones which could be considered a material breach. That pertinent paragraph of the complaint read:

“(e)…