Beneke v. Bankers Mortgage Co.

The opinion of the court was delivered by

Burch, J.:

The action was one 'to rescind purchase of corporate stock, induced by fraud. Demurrers to the petition and amended petition were sustained, and plaintiff did not succeed in stating a cause of action for rescission until more than two years had elapsed after discovery of the fraud. A demurrer to the petition invoking the two-year statute of limitations was overruled, and defendants appeal. Plaintiff justified the ruling on the ground the petition was at all times good as one for damages.

The amended petition uses approximately 3,500 words to…