Berman Bros. Iron & Metal v. State Savings & Loan Co.

Whether count 3 be regarded as ex contractu, a claim for money paid in on a stock subscription with the privilege of withdrawal at any time with interest (in effect an option to declare it merely a loan), or be regarded as ex delicto, for the return of money obtained by misrepresentation of the incidents of such stock in the matter of withdrawal rights, it seeks, in either event, to recover money in the hands of defendant which ex aequo et bono, belongs to the plaintiff.

Count 4 seeks to recover the same money, alleged to have been paid in as the result of deceit, and which defendant refused…