Wachowski v. Lutz

The court construed the action as one at law for the recovery of damages. The appellants, contend that it is an equitable action for rescission and that the judgment should have been for a cancellation of the deeds and a restoration of the status quo, or such other equitable relief as may be appropriate in the premises. There is no express or implied allegation in the complaint that plaintiffs acted with reasonable promptness in rescinding or offering to rescind, or in bringing the action, after the discovery of the alleged fraud. The court found as a fact that

“The plaintiff has, since being…