Wilgrube v. Nast

Although the trial was had before a jury, the court ruled that in actions for rescission of sales on the ground of fraud the jurisdiction of law and equity is concurrent; that the prayer that the sale of the stock be adjudged null and void and that plaintiff have judgment for the return of the purchase price paid and for other relief gave notice to the defendant that the suit was conceived in equity and that equitable jurisdiction was invoked.

It was also held that by failing to raise the point that there was an adequate remedy at law by answer or de*540murrer defendant had waived the objection…