Freggens v. Clark

The complainants sue to rescind the sale and conveyance to them by the defendant of their dwelling and for a return of the purchase price, because of the defendant's fraudulent representation in procuring the contract of sale, later executed. This motion is to strike the bill for want of equity.

The pertinent allegations of the bill are that at the time of the contract and conveyance, the house was incomplete and when, as prospective purchasers, the complainants made an inspection, the cellar and things in it were in a damp and wet condition and the side walls wet and discolored, and, upon…