Berry v. Robotka

MOLLOY, Chief Judge.

This is an appeal from a summary judgment denying the plaintiffs a rescission of a contract for the sale of real estate. The only contention made on appeal is that there was a question of fact open as to whether this sale was induced by “fraud and misrepresentation.”

Plaintiffs are two elderly, unmarried sisters residing in Los Angeles. On March 15, 1967, after nearly a year of negotiations, they executed a written agreement to sell a 160-acre ranch near Willcox, Arizona, to the defendant, a young businessman then residing in Phoenix. The property is called “Star Ranch,”…