Buydden v. Mitchell

OPINION

By MILLER, PJ:

This is a law appeal from the judgment of the Court of Common Pleas ordering the rescission of a land contract entered into on June 7, 1944, for the sale of certain real estate, and also ordering restitution of the premises to the plaintiff.

The evidence discloses that two prior contracts had been entered into by the parties to this action, each for a lesser purchase price, but that they were merged into the final contract of June 7, 1944, which is the basis of this action.

The pertinent parts of this contract aré:

*4941. Purchase price, $2400.00, $400.00 cash in hand, balance of…