Kinkade v. Markus

This is a suit for rescission of a land sale contract. The posture of the parties is unique because after the vendors filed a complaint for specific performance, the purchasers filed a cross-complaint seeking rescission of the contract based upon fraud. Thereafter, the vendors dismissed their complaint for specific performance and the case was tried on the cross-complaint for rescission. The court granted rescission and money "damages" to the purchasers. The vendors appeal on the grounds that the court erred (1) in finding that they perpetrated fraud, and (2) in awarding both rescission and "damages."