Williams v. Modern Food Stores, Inc.

This is an action for rescission based upon fraud and false representations. On his first cause of action, the plaintiff recovered a judgment against both defendants, and- on his second cause of action, he recovered against Modern Food Stores, Inc., only. Both defendants have, appealed from the final judgment.

The action was tried to the court sitting without a jury, and, probably because the complaint was so framed as to invoke the equitable doctrine of rescission, the court made no formal findings of fact. The trial judge did, however, quite fully express his views of the facts in rendering…