Ponce v. Demos

TERRELL, J.:

In June 1946, appellee deposited $2500.00 with appellants as a binder on an option contract to purchase a bar and package store. In July following, appellee filed his bill of complaint against appellants as defendants, praying for cancellation of the contract and return of the $2500.00, alleging fraud as the basis for his action. On final hearing the chancellor found for appellee, cancelled the contract and ordered return of the $2500.00. This appeal is from the final decree.

The point for determination is whether or not a bill in equity, based on fraud, is the proper remedy to…