Bankers Federal Savings & Loan Ass'n v. Rudd

In an action to foreclose a purchase-money mortgage for default in the payment of monthly installments of principal, interest and taxes, defendants counterclaimed for rescission and the cancellation of the bond and mortgage on the ground of fraud. The court dismissed the complaint and awarded defendants judgment on their counterclaim. Judgment reversed on the law and the facts, with costs, counterclaim dismissed, and judgment directed in favor of plaintiff, with costs. In our opinion there is no evidence of fraudulent representations on the part of plaintiff as to the condition of the…