National Finance Corporation v. Atkins

THOMAS, Justice.

The case involved alleged fraudulent representations made by an agent in the sale of common and preferred stock to plaintiff. The trial was had upon counts 1, 2, and 3. They are practically the same, except count 1 sues to recover the full amount paid to defendant for the two classes of stock, and the other counts seek recovery of the amount paid respectively for the two classes of stock. The suit is for rescission, based on fraud or deceit inducing the purchase averred as follows: “Plaintiff alleges that the said representations of the said agent were false in that the said…