Golding v. 108 Longwood Avenue, Inc.

This is a bill in equity to rescind a lease of an apartment in a building in the course of construction, because the rooms were smaller than represented, and to recover an advance payment of rent. The bill, as amended, is based upon fraud and, in the alternative, upon mutual mistake of fact. The defendant appealed from a final decree in favor of the plaintiff. The evidence is not reported.

The judge made voluntary findings of material facts, •which, as the result will not be affected, we assume were' intended to include all facts necessary for the determination of the issues, and treat as the…