West v. Shirley

DREW, Justice.

Appellants, plaintiffs below, instituted these proceedings by filing a complaint in equity against the appellees following receipt of notice to cancel a contract hereafter referred to. Appellants refer to the complaint as “ * * * bill for rescission and cancellation of a certain agreement * * * and for return of monies * * * and for receivership, accounting and other relief.” Appellees, defendants below, moved to dismiss the complaint, the motion was duly granted without leave to amend, and this appeal followed.

Boiled down to its essence, the complaint charges that plaintiffs…