Carl and Cleo Nordstrom entered into a contract to purchase 480 acres of farmland from John Lee and Marilee Miller. The purchase price was 480,000. The advertisements for the property described it as irrigated cropland and stated that the property had two wells. One advertisement read: 480 acres of Prime Developed irrigation land located north west of Garden City in Finnery County, Kansas. Two irrigation wells and approximately 14,000 ft. of underground pipe. This land is flood-irrigated and all runs are one-half mile long. THIS IS ONE YOU HAVE TO SEE TO BELIEVE. Robert Legere, a real estate broker, contacted the Nordstroms and showed them the property. Nordstrom inspected the land, the buildings, and the wells. The Nordstroms paid 15,000 down, sold their home and store in Colorado, and purchased the property and moved in on March 2, 1976. During the summer of 1976, one of the irrigation wells went dry. On further investigation, Nordstrom discovered that insufficient water was available to supply either well and the farm could no longer be operated owing to its geological limitations. Nordstrom confronted the Millers with the information, and the Millers offered to drill another well and change the contract payment terms. The Nordstroms refused and brought suit for fraud and misrepresentation seeking rescission of the agreement. Discuss whether the Nordstroms were entitled to rescission of the agreement.
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