Apolito v. Johnson

HATHAWAY, Judge.

Appellants have moved this court for a rehearing of our affirmance of the trial court’s judgment entered in favor of appel-lees after granting the latter’s motion for a directed verdict. They urge us to reconsider our holding that the case was properly withdrawn from the jury’s consideration claiming the appellants’ evidence, if believed by the jury, would justify equitable relief by way of rescission or reformation.

Appellants contend that our decision was erroneous in that we treated their claim as a fraud action when in fact their theory of recovery was mistake on their part…