Alfred J. Winn and Georgine S. Winn V‪.‬

COMPTON, Justice. This is an appeal from a Civil Rule 41(b) dismissal of a complaint for rescission. The Winns purchased a restaurant business as a going concern from the Mannhalters. One of the business assets was a lease purportedly ending in 1986. Following a default on a deed of trust encumbering the underlying fee, the foreclosure purchaser's assignee asserted superior title in 1981, whereupon the Winns sued the Mannhalters and their realtor for rescission and subsequently quit the premises. The Mannhalters counterclaimed for the purchase price and cross-claimed against their realtor for disgorgement of its commission. The trial court dismissed the Winns' complaint under Civil Rule 41(b) at the close of their case in chief. Following a trial, the trial court entered judgment for the Mannhalters on their counterclaim and cross-claim. We affirm in part, reverse in part and remand. 1