Ungewitter v. Toch

Appeal from a judgment of the Supreme Court, Cortland County, awarding appellant the amount of $36,842.47 as damages for respondents’ fraudulent misrepresentation and from an order of the same court denying appellant’s motion to set aside its determination refusing to direct rescission. It is not here disputed that the respondents fraudulently misrepresented the condition of the farm and related property they sold to appellant for $90,000. Appellant initially asserts that since he requested rescission as his relief, the trial court erred in refusing to grant him the same and instead awarded…