Diedrich v. Northern Illinois Publishing Co.

The plaintiffs in this case filed an action seeking to rescind a contract for the sale of a house, over 2M years after they had taken possession of it, on the ground that the seller falsely stated that the structure was capable of housing 20 student roomers whereas in fact part of the house was serviced by a septic tank designed to service a single family and that the defendant seller either knew or should have known that his representation was false or, in the alternative, that the contract should be rescinded because of the mutual mistake of the parties. The plaintiffs also sued both the…