Beardsley v. Clark

Plaintiff’s petition was filed October 5,1937, and asserted that on August 19, 1937, the defendants were engaged in the business of selling popcorn at wholesale under the trade name of Clark & Clark and on said day entered into a written contract for the sale of such business to - the plaintiff for the agreed, price of $1,500; the contract was obtained by the defendants through false and fraudulent representations; upon discovering the fraud, plaintiff elected to rescind the contract and gave notice to defendants accordingly; plaintiff offered to return to the defendants all the assets of the…