Lesperance v. Lesperance

This is an appeal from a judgment entered after a non-jury trial in which the trial judge found that the defendant was guilty of “fraud, deceit, overreaching and *860undue influence in gaining possession of plaintiff’s property without consideration. * * * ” The basis of the appeal is that the court failed to apply the law of the rescission of contracts. Appellant holds that law to be controlling upon the facts of this case. In the alternative appellant argues that if the case is one of fraud, then fraud was not proven by clear and convincing evidence.. Our review of the record convinces us that…