Mortgage Bond Co. of New York v. Carter

GARDNER, Justice.

The bill is filed for rescission of a contract of purchase of a designated dwelling for fraudulent representations as to its condition, a cancellation of the notes and mortgage given to secure the remainder of the purchase money, and for an accounting, and recovery of the sum paid. Bullard Shoals Mining Co. v. Spencer, 208 Ala. 663, 95 So. 1.

The attack upon the sufficiency of the bill is here rested upon the theory that it discloses upon ■ its face complainant too long delayed a rescission of the purchase after discovery of the fraud and a waiver on her part of the right to…