Bankers Trust Co. v. Hall

THIS is an action at law for money had and received upon rescission, as distinguished from a suit in equity for rescission. The parties are here in reverse order of their position in the trial court, and we will hereinafter refer to them as they appeared therein.

The case was first before us in Hall v. Bankers TrustCompany, 101 Colo. 449, 74 P.2d 720. The trial court had previously dismissed the original complaint, after demurrer had been filed, on the ground that limitations and laches appeared on the face thereof. We held that the amended complaint set forth substantially that the plaintiff…