Mueller v. Michels

On June 23, 1924, the following opinion was filed:

Doerfler, J.

Upon a motion for rehearing by plaintiffs’ counsel it is urged that the court erred in holding that it could not award damages for the reason that in bringing this action for rescission in equity the plaintiffs had elected their remedy, and that having so elected, with full knowledge of all the facts, they must stand upon rescission; that *338the plaintiffs being in no position at the time of the commencement of the action to restore the status quo, and it being necessary in a rescission for a party asserting this remedy to act with…