Shook v. Scott

(dissenting) — I dissent.

Shook, respondent, sued to rescind the sale of real property. The trial court granted rescission, from which Scott, the vendor, appeals.

The respondent purchaser bought the land for the purpose of raising alfalfa and so advised the appellant. The findings are that appellant Scott, in reply to inquiries of respondent, represented that a well, supplying water for a number of tracts in the area, produced seven hundred fifty gallons per minute, and that there was a covenant running with the land which entitled the purchaser to one tenth of that production, or seventy-five…