N. C. Sawyer and Laura Oppelt v. Walt Pierce and Pat Pierce

Walt Pierce and his wife, Pat, purchasers of certain improved real estate, brought suit against the sellers, N. C. Sawyer and Laura Oppelt, seeking rescission and cancellation of a real estate transaction and the return of their cash investment in the property, including the cost of repairs and added improvements. The sellers defended on the basis that the purchasers had waived their right to seek rescission and cancellation by ratifying the contract in question. After a trial before the court, sitting without the intervention of a jury, the court entered judgment rescinding the contract, canceling the conveyance and awarding the purchasers a joint and several judgment against the sellers for $16,370.56. The sellers appeal.