Bramaric v. Churich

Judgment went for defendant, in an action for $37,500 on a common count for money had and received, based on an attempted rescission of a contract of sale because of alleged misrepresentations. Plaintiffs appeal.

Contention op Plaintiffs

The principal question is whether the evidence is sufficient to support the findings. There are no specific findings of fact. The court merely found that the allegations of the common count in the complaint were untrue and that defendant was not indebted to plaintiffs in any sum. Plaintiffs contend that they are entitled to rescind the contract hereafter…