Estes

An appeal by defendant from an adverse judgment given in an action brought by plaintiff as vendee for the rescission of an executory contract for the sale of a one-half interest in a food products business, including certain merchandise, formulas, and recipes thereunto belonging and to recover purchase money previously paid thereunder. The agreed purchase price was $1,250, and of that amount the vendor, by the terms of the contract, acknowledged having received $1,150 at the time the contract was signed. Said contract provided that title to the interest in the property agreed to be sold should remain in the vendor until the full amount of the purchase price was paid, but that the vendee should “have the possession thereof and be entitled to half the net profits thereof after all expenses and rents in connection therewith were paid”; that upon full payment of the purchase price being made, the vendor shall execute and deliver a bill of sale transferring to said vendee one-half interest in said property and that thereupon title to the same should pass to the vendee; that if said vendee defaulted in making full payment, then the vendor was entitled to retake possession of said…