Southern Building & Loan Ass'n v. Wales

The plaintiff stated his cause of action in four counts, all of which alleged the same transaction, and all of which alleged fraud and misrepresentation on the part of defendant’s agent, participated in by defendant, by and through which plaintiff was induced fraudulently to part with his money to the defendant, to the damage of plaintiff in the amount named. Two of the counts, viz. 1 and 4, claim damages for the deceit thereby affirming the contract, and two counts, viz. 2 and 3, repudiate the contract on the grounds of alleged fraud, and claim a return of the money thereby obtained.

Under…