WADE, Justice.
These two cases were ordered consolidated by this Court upon stipulation of the parties because about the same issues are involved in both. One is an appeal and the other is a petition for a writ of mandamus.
Charles S. Merrill brought an action in Salt Lake County, Utah, seeking rescission on the ground of fraudulent misrepresentation made in that county of a contract to purchase from the Calders 200 acres of land situated in Davis County,...
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