MacMillan Buick Co. v. Rhodes

Where a sale has been effected by actionable fraud, the purchaser usually has an election of remedies:

1. The one grounded upon recission or renunciation. Fields v. Brown, 160 N. C., 295, 76 S. E., 8; Van Gilder v. Bullen, 159 N. C., 291, 74 S. E., 1059.

2. The other based upon affirmation. Kennedy v. Trust Co., 213 N. C., 620, 197 S. E., 130; May v. Loomis, 140 N. C., 350, 52 S. E., 725.

In the latter, the purchaser may bring an action to recover for the fraud by which he was induced to make the purchase, or he may recoup any damages which he has sustained if the seller sue him for money due on…