John H. Klas v. Mark O. Van Wagoner and

This matter was tried to the court on May 9, 10, and 12 of 1989. The court thereafter rendered its Memorandum Decision concluding that defendants had breached the Earnest Money Sales Agreement and that plaintiff was entitled to damages, interest, costs, and attorney fees. After a period of almost one year of objections, motions for new trial, and conflicting proposals for findings, Conclusions, and judgment by both sides, the trial court entered a judgment allowing defendants to rescind the subject agreement on the basis of unilateral mistake by the defendants.