Cook v. Kelley

This is a bill in equity to rescind the sale of a newspaper on the grounds of mutual mistake or fraud. The defendant Kelley filed a counterclaim for the unpaid balance of the purchase price. The case was referred to a master. The plaintiff and the defendant Kelley both objected to the master’s report. An interlocutory decree was entered overruling their objections (treated as exceptions) and confirming the report. A final decree was entered granting rescission, ordering the defendant Kelley to repay the amount he received, less a certain credit, and dismissing the counterclaim. The plaintiff…