Vine v. Piehler Pontiac Corp.

Defendants have moved for dismissal of the complaint for rescission in equity herein on the ground that it does not state facts sufficient to constitute a cause of action. Specifically, they contend that instead of an action in equity for rescission plaintiffs ’ remedy, if any, is by way of an action at law for damages, and that despite the general allegation in the complaint that plaintiffs have no adequate remedy at law, no facts are alleged to support such assertion.

*92Plaintiffs allege that in September, 1954, they bought an automobile of defendant Piehler Pontiac Corporation (hereinafter…