Fetterman v. Title Guarantee & Trust Co.

Based on defendant’s fraudulent misrepresentations, plaintiff brings this action in equity for rescission of the purchase of a mortgage certificate and to recover the purchase price, plus interest, less the amount of the interest payments theretofore received. Order denying defendant’s motion under rule 106, Rules of Civil Practice, to dismiss the complaint for insufficiency, reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, without prejudice to plaintiff’s commencing an action at law if so advised. Under the facts pleaded, plaintiff…