Middleton v. Pruden

Grice, Justice.

Three members of the court, to wit, Chief Justice Eeid, Presiding Justice Atkinson, and Justice Bell, are of the following opinion: The defendant’s answer as amended did not pray in express terms for rescission, and was nowhere designated as a plea or cross-action seeking rescission; yet, construed according to its allegations and prayers, it is in effect a cross-action seeking the affirmative equitable relief of rescission, cancellation, and accounting; and the case as now presented is controlled adversely to the defendant by the former decision of this court in Pruden v.…