Anderson v. Frischkorn Real Estate Co.

The declaration avers rescission of subscriptions to purchase shares of capital stock of defendant, and is for recovery back of the money paid. Plaintiff had verdict and judgment. Defendant brings error.

No witnesses were called by defendant. There is evidence that subscriptions were induced by fraud of an agent of defendant. Certificates for the shares were made, and have been held by defendant as collateral to plaintiff’s purchase money notes. The record is that, at the time of bringing this suit, the stock had no market value.

1. Rescission. It was upon plaintiff before suit to restore, or…