McDaniel v. Tarry

Opinion op the Court by

Judge Rees

Affirming.

This is a suit for the rescission of a contract whereby the appellant, who was the plaintiff below, purchased from the appellee 23 shares of the capital stock of the Universal Fly Exit Screen Company, a Delaware corporation, for the snm of $2,300 and, as an incident thereto, to recover the purchase price. The action was commenced as a common-law action for deceit, but in an amended petition the plaintiff asked for a rescission of the contract and on his motion the action was transferred to the equity docket. Upon submission of the case the court…