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ROSENBERG v. MISSISSIPPI VALLEY CONSTRUCTION CO.

No. 50164.

106 N.W.2d 78 (1960)

Edmund R. ROSENBERG and Anna B. Rosenberg, Appellees, v. MISSISSIPPI VALLEY CONSTRUCTION COMPANY, an Iowa Corporation and W. R. Beem, Appellants.

Supreme Court of Iowa.

Rehearing Denied January 13, 1961.

Attorney(s) appearing for the Case

Abramson, Myers & Hockenberg, Des Moines, and Simon W. Rasche, Clinton, for appellants.

L. D. Carstensen, Clinton, for appellees.

GARRETT, Justice.

Plaintiffs' petition alleging fraud was heard in the district court without defendants' presenting any witnesses or testimony and judgment and decree were entered for a rescission of contract between the parties, granting plaintiffs relief in the amount of $413.85, being the amount paid on contract to purchase certain lots in Highland Park Subdivision of Camanche, Iowa. Defendants elected to stand on their motion to dismiss at the close of plaintiffs...

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