Horticultural Development Co. v. Schneider

The bill is to be construed as one for rescission and cancellation of a contract for the purchase of real estate upon the ground of fraud in its procurement, and for relief incident thereto, including a recovery of -the purchase money paid. 39 Cyc. pp. 1426-7; Orendorff v. Tallman, 90 Ala. 441, 7 So. 821; Garner Neville & Co. v. Leverett, 32 Ala. 410.

The contract here involved has been declared void as against public policy (Horticultural Development Co. v. Lark, 224 Ala. 193, 139 So. 229), and the principal insistence here urged against the bill is that it appears the parties are in pari…