Kloppenburg v. Mays

GIVENS, J.,

Dissenting. — The ground for reversal in the majority opinion is that to support rescission of a contract for fraud in its inception, pecuniary injury must be shown and that herein none was shown.

Of the three cases cited in the opinion on this proposition White v. Kincaid, 149 N. C. 415, 63 S. E. 109, 128 Am. St. 663, 23 L. R. A., N. S., 1177, was an action by a minority stockholder to enjoin the majority from winding up and dissolving the corporation; Van Buren v. Posteraro, 45 Colo. 588, 102 Pac. 1067, 132 Am. St., 199, was a suit to restrain the enforcement of a judgment and…