Warshow v. Title Guarantee & Trust Co.

In an action to recover the purchase price of a guaranteed mortgage certificate plaintiffs claim the sale was induced by false representations and that after discovery thereof they rescinded the purchase and tendered the certificate to the appealing defend*840ant. The issue as to fraud was disputed by the appealing defendant. At the end of the entire ease both sides moved for the direction of a verdict. The appealing defendant’s motion was denied; and that of plaintiffs granted. Immediately thereafter and before the verdict had been rendered, appellant’s counsel attempted to withdraw his motion…