Achenbach v. Mears

This appeal presents a controlling issue of fact. After seeing and hearing the witnesses for the respective parties the circuit judge found defendants guilty of actionable fraud, lie denied relief to plaintiffs by way of rescission, and in lieu thereof, decreed that defendants should respond in damages to plaintiffs, the amount awarded to ■ be deducted from a chattel mortgage which defendants took from plaintiffs in consummating the fraudulent transaction. The findings of the circuit judge, covering 10 pages of the printed record, contain a careful and detailed recapitulation of the…