Branche

Plaintiff appeals from a judgment in favor of defendants after a trial by the court without a jury in an action seeking relief against defendants, Jack and Regine Hetzel, who sold a parcel of real estate and certain personal property to plaintiff, and against defendant Byrd, the real estate broker in the transaction. It is contended by plaintiff that she is entitled to recover the excess of her payments over and above the actual damages suffered by the Hetzels and that the trial court erred in failing to make findings as to whether the Hetzels had been unjustly enriched by retention of the payments made by plaintiff.

Statement of the Case

This case proceeded to trial on the basis of plaintiff’s second amended complaint11 For Rescission of Contract of Purchase of Realty and Personalty and for Cancellation of Instruments.” In this complaint plaintiff alleged that she had purchased certain real and personal property, including a liquor license, from the Hetzels through their agent Byrd ■ that her assent to the terms of the purchase agreement was obtained by virtue of duress on the part of Byrd and certain specifically alleged factual misrepresentations on the part of the Hetzels…