Garner v. Metropolitan Life Insurance Company

Banke, Judge.

This appeal is from the grant of defendant-appellee’s motion for judgment on the pleadings in a suit to recover a $500 deposit which the appellants paid on a contract to purchase realty. The appellants repudiated the contract, claiming that they were induced to sign it by fraud. The fraud alleged is the appellee’s representation that the contract reflected a purchase price of $50,800, agreed upon, whereas appellants contend that the written contract called for twice that amount.

The contract was before the trial court as an exhibit to appellee’s answer, and no issue is raised…