Provident Loan Trust Co. v. McIntosh

The opinion of the court was delivered by

Bukch, J. :

The plaintiffs brought an action to recover from the defendant, the Provident Loan Trust Company, money they had paid to it under a contract for the purchase of real estate. They founded their action upon fraud in the formation of the contract and subsequent acts of the defendant, whereby it voluntarily deprived itself of the power to convey to them the land. The defense was that the contract was free from fraud.in its inception, and that the defendant was ready, able and willing to perform, but that the plaintiffs were in default; and the…