Davis v. Green and Crouch

This is a suit to rescind a contract of sale on the ground of fraud. Plaintiff also asks that a Receiver be appointed to liquidate the business of a going concern and for an accounting. A general demurrer was sustained to the Complaint and Supplemental Complaint, and, upon a refusal of plaintiff further to plead, the circuit court dismissed the suit. It was agreed by counsel that admission in the Reply to allegation of facts appearing in the Supplemental Answer could be considered in determining whether plaintiff alleged a cause of suit.

The following facts, so far as material herein, appear…