Roe v. Maniscalco

This is a suit wherein the plaintiff seeks the return of a deposit of $900' and the rescission of a written contract whereby he agreed to purchase an oil station consisting of real estate, stock, and fixtures, for the sum of $10,000, and under the terms of which agreement he deposited with one of the defendants, the real estate broker, the sum of $900 on account of the purchase price. The ground upon which the plaintiff asks that the contract be annulled and set aside is that the defendant owner did not own the stock and fixtures covered by the agreement. The defendant denied that he did not…