Dunsmore v. Criville

Forrest, P. J.,

This action in equity, brought by a buyer of real estate to rescind the agreement of sale on the grounds of fraud in the inducement, comes before us on defendant Criville’s motion for judgment on the pleadings. Defendant contends that with full knowledge of the alleged fraud, plaintiffs signed an extension agreement and thereby ratified the agreement and are barred from alleging fraud.

*285A defendant’s motion for judgment on the pleadings, like a preliminary objection, is the equivalent of the old statutory demurrer and admits all facts which are well pleaded by plaintiffs in their…