Wolfram v. Shifflet, Cumber & Co.

Plaintiff contracted with Detroit Transmission Company, a corporation, to buy shares of its capital stock, both common and preferred, and did buy them. The agent of the corporation in making the sales was defendant, Shifflet, Cumber & Company, a corporation. Plaintiff, for averred fraud, decided to rescind. He gave notice of rescission and made tender to defendant, the agent, and not to the principal with whom he had contracted. He brought this suit against the agent and not against the principal. The theory of recovery in the trial was rescission. Plaintiff had judgment for the amount paid…