Steinert v.Title Guarantee & Trust Co.

Appeal by defendant from a judgment (a) rescinding the sale of a guaranteed bond and mortgage by defendant to plaintiffs’ testator, and (b) adjudging that defendant pay plaintiffs the purchase price thereof and unpaid interest. Judgment reversed on the law, with costs, and complaint dismissed, with costs. There is no evidence from which it can be inferred that the testator relied upon any representation made by defendant and was induced thereby to purchase the bond and mortgage. It is essential in an action such as this that plaintiff establish those facts by a fair preponderance of evidence.…