Emerson v. Lewis

1 Plaintiff, John R. Emerson, brought this action against defendants, Sidney Lewis and Marie Lewis for the rescission of a real estate contract. Defendants filed an answer controverting plaintiffs allegations and also filed a cross-petition in which they sought judgment against plaintiff for damages for allegedly fraudulent conduct on his part. A trial was had to the court on September 18, 1953, on plaintiffs petition and defendants answer, the issues raised by defendants cross-petition being reserved for future determination by the jury. At the conclusion of the trial the court announced certain findings and issued certain orders which were later reduced to writing in an instrument styled "Journal Entry of Judgment" and filed in the case. Plaintiff filed a motion for new trial, which was overruled on October 3, 1953, and now appeals to this court.