Re v. Diamond

Judgment reversed on the law, with costs, and complaint dismissed, without costs. Plaintiff bought a business and an assignment of lease from defendant Diamond, and claims that he was defrauded by said defendant and the codefendant, who is an attorney at law, and seeks to have the transaction rescinded. The proof, however, shows that plaintiff did not rely upon misrepresentations of defendants as to a material fact, and was not misled by their concealment of such material fact, but he relied upon an investigation made by his own lawyer. Under such circumstances equity will not decree…