POTTER v. OSTER

No. 87-26.

426 N.W.2d 148 (1988)

Charles W. POTTER and Sue E. Potter, Appellees, v. Merrill J. OSTER, Appellant.

Supreme Court of Iowa.

June 15, 1988.


Attorney(s) appearing for the Case

David H. Luginbill of Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee, Des Moines, and W.D. Sindlinger of McCrindle, Bergstrom & Sindlinger, Cedar Falls, for appellant.

David J. Mansheim of Klinkenborg, Hansmann & Mansheim, Parkersburg, for appellees.

Considered by LARSON, P.J., and SCHULTZ, CARTER, NEUMAN and SNELL, JJ.


NEUMAN, Justice.

This is a suit in equity brought by the plaintiffs to rescind an installment land contract based on the seller's inability to convey title. The question on appeal is whether, in an era of declining land values, returning the parties to the status quo works an inequitable result. We think not. Accordingly, we affirm the district court judgment for rescission and restitution.

The facts are largely undisputed. Because the case was tried in equity...

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