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WINN v. MANNHALTER

Nos. S-239/271/272.

708 P.2d 444 (1985)

Alfred J. WINN and Georgine S. Winn, Appellants, v. Harold D. MANNHALTER, Helen D. Mannhalter, Area, Inc. Realtors, Joan Bourne and Winnie Snodgrass, Appellees. Harold D. MANNHALTER and Helen D. Mannhalter, Appellants and Cross-Appellees, v. AREA, INC. REALTORS, Joan Bourne and Winnie Snodgrass, Appellees and Cross-Appellants.

Supreme Court of Alaska.

Rehearing Denied December 6, 1985.

Attorney(s) appearing for the Case

Ronald D. Flansburg, Law Offices of Charles E. Tulin, Anchorage, for Alfred J. Winn and Georgine S. Winn.

Leroy J. Barker, Robertson, Monagle, Eastaugh & Bradley, Anchorage, for Area, Inc., Realtors, Joan Bourne and Winnie Snodgrass.

Edward L. Miner and Vincent Vitale, Law Offices of Vincent Vitale, Anchorage, for Harold D. Mannhalter and Helen D. Mannhalter.

Before RABINOWITZ, C.J., and BURKE, MATTHEWS and COMPTON, JJ.

OPINION

COMPTON, Justice.

This is an appeal from a Civil Rule 41(b) dismissal of a complaint for rescission. The Winns purchased a restaurant business as a going concern from the Mannhalters. One of the business assets was a lease purportedly ending in 1986. Following a default on a deed of trust encumbering the underlying fee, the foreclosure purchaser's assignee asserted superior title in 1981, whereupon the Winns sued the Mannhalters and their realtor...

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