Holt v. Richardson

*48The opinion of the court was delivered by

Burch, J.:

The action was one by a seller, to recover a portion of the price of a stock of drugs and druggists’ sundries. The buyers had rescinded the sale on the ground of fraud. They recovered the portion of the price paid before rescission, and plaintiff appeals. •

Several fraudulent representations which induced defendants to purchase were pleaded and fully proved. It would serve no useful purpose to review the evidence. Assertions in plaintiff’s brief of failure of proof of material misrepresentation are not sustained by the record, which discloses…