Ajamian v. Schlanger

Eastwood, S. J. A. D.

(dissenting). As the result of my consideration of this appeal, I find myself in disagreement with my esteemed colleagues.

In October 1946 plaintiff’s assignor, Harry Ajamian, instituted a suit against the defendants for a rescission of the contract made between them for the purchase of defendant’s embroidery business. That suit was dismissed without prejudice. Thereafter, in March 1947, Harry Ajamian again filed suit against defendants for rescission of the contract based upon allegation of fraud. At the close of plaintiff’s casé and on motion of defendants the complaint,…