Jacoby v. Duncan

The theory of the plaintiff’s cause of action is that upon his rescission of the contract between himself and Duncan Hotels, Inc., because of the defendant’s alleged mis*778representations, he became entitled to recover from the defendant the consideration which he paid to Duncan Hotels, Inc.

It is well settled that an action for rescission will not lie against one not a party to the contract sought to be rescinded even where he had joined in the false representations. (Alexander City Bank v. Equitable Trust Co., 223 App. Div. 24; Nelvan Const. Corp. v. Sanka Realty Corp., 227 id. 51, at p. 52.)…