Gross v. Morosky

This is an action on the case for fraud. It was dismissed on motion of defendants. On plaintiffs’ appeal we accept, of course, the properly pleaded allegations of the dismissed declaration.

Upon discovery of the fraud * plaintiffs elected to retain possession of the subject property which, according to the declaration, they had purchased in reliance on defendants’ fraudulent representations, and to sue for damages. This they had a right to do (Elson v. Harris, 356 Mich 175; followed in Nowicki v. Podgorski, 359 Mich 18, 25; and see annotator’s statement 13 ALR2d 807 at page 812). Plaintiffs…