Gordon v. Guarantee Title & Trust Co.

*250OPINION

By HORNBECK, J.

• This is an appeal on questions of law from a judgment in favor of the defendant.

It is the claim of the plaintiff that her action is at law for, the sum of $1257.54 and interest on a count for money had and received in assumpsit. The trial judge refused to take this view of the cause plead, denied plaintiff the right to a jury and held that the only remedy which she had the right to invoke under the pleadings was the equitable one of rescission. The court then tried the case and found as heretofore indicated.. The pleadings are most voluminous, counsel having full…