Salomons v. Lumsden

The plaintiffs brought this action to recover money paid by them as buyers under a contract for the purchase of real estate, alleging that they were induced to enter into the contract by fraudulent misrepresentations as to the dimensions of the property and that they had for this reason rescinded the contract. At the trial a nonsuit was granted, after the plaintiffs completed the presentation of their evidence, and a judgment was entered, “which [it declared] shall operate as an adjudication on the merits in the action. ” From this judgment the plaintiffs appeal.

The argument in support of…