Allan v. Martin

HAYS, Justice.

This case arises from a contract to sell real property. Several claims were set forth in the complaint, answers, and counterclaims which were filed, but we have addressed only the issues relevant to this appeal. Pamela Martin, acting individually and as personal representative of the estate of her late husband, George M. Martin, sued Kirby Allan and his wife, Felicienne, seeking to rescind and cancel the contract and escrow instructions, and to quiet title; damages were also sought. The defendants de nied breaching the contract and opposed the rescission and cancellation;…