Riggle

This appeal challenges a decree rescinding certain agreements for sale and purchase of a lot and erection of a building thereon; cross-appeal for allowing interest on payments made by complainants for a stated period.

The complainant sought rescission of certain agreements of sale and purchase of a lot, and the construction of a building thereon according to plans and specifications, and execution of promissory note secured by first deed of trust on the real estate for a part of construction costs; charging false representations on sale of the lot and failure to construct the building in accordance with the contract, plans, and specifications, setting out the omissions, changes, etc., and also prays recovery for money expended in pursuance of the contract with interest paid on money secured by second deed of trust on same lot and cancellation of notes, and trust deeds to secure payment of said notes and for damages sustained; that the notes and deeds of trust be declared of no validity and canceled; that agreements be rescinded; that if the notes and deeds of trust cannot be delivered and canceled, that the complainant have judgment against the defendant for amount prayed.

The…