KOSTOLANSKY v. LESHER

No. 7062.

95 Ariz. 103 (1963)

387 P.2d 804

Stephen KOSTOLANSKY and Olga Jeanne Kostolansky, husband and wife, Appellants, v. Elmo Clarence LESHER and Mary Schwind Lesher, husband and wife, Appellees.

Supreme Court of Arizona. In Division.

December 12, 1963.


Attorney(s) appearing for the Case

Palmer C. Byrne, Prescott, for appellants.

Favour & Quail, by Robert K. Park, Prescott, for appellees.


UDALL, Vice Chief Justice.

Appellees brought this action in the Superior Court of Yavapai County seeking rescission of a contract to purchase real property, and restitution of payments made on the contract and money spent improving the land. They alleged that their agreement to purchase the property was induced by certain fraudulent misrepresentations. Defendants moved for a directed verdict when plaintiffs rested and again at the close of all the evidence. Both motions...

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