Southern Building & Loan Ass'n v. Argo

ANDERSON, C. .1.

As we view this action, counts A and B, it is for a rescission and recovery of the sums heretofore paid upon the ground of fraud or deceit in inducing the plaintiff to enter into the contract. The counts not only set out the fraud and deceit, but expressly charge that plaintiff demanded of the defendant a return of his money, and tendered to the defendant the certificates of stock, and the defendant refused to refund said money to plaintiff and to accept the surrender of said stock. These' counts are different from the one dealt with in the case of Sou. Bldg. & Loan…