Insurance Company of North America v. Brehm

McAllister, j.

Insurance Company of North America brought this action to recover money alleged to be due under an indemnity agreement executed by defendants. Defendants denied liability and affirmatively alleged that they had rescinded the agreement because they had executed it in reliance on false representations. The trial court, sitting in equity, heard evidence on the rescission issue ① and entered its decree striking the affirmative defense, with leave to defendants to file an amended answer at law. Defendants appeal from that decree.

The indemnity agreement in question was executed when…