Cohen v. Vivian

Opinion by

Mr. Justice Frantz.

Two suits in rescission of vendor-purchaser contracts were consolidated for trial. At the conclusion of the trial the court entered judgments in favor of the -plaintiffs on the two claims: for the plaintiffs Vivian, rescinding their contract with the Cohens, and in so doing, making some monetary adjustments between the parties; for Welch by awarding her damages but denying rescission. The Cohens contend that these claims were- erroneously resolved on theories which have never been able to gain a rudimentary recognition in the common law.

From the evidence we learn…