J. Kuniansky Inc. v. Ware

Atkinson, Presiding Justice.

The plaintiffs sought, among other things, the equitable relief of rescission relating to sale of real estate, the alleged ground for relief being mistake of the plaintiffs as to the identity and location of the property, induced by the acts and representations of the seller’s agent amounting to fraud, “constructive, if not actual.” The preliminary contract of purchase and sale described the property as being in the County of Fulton, and more particularly described as the southeast corner of Wieuca Eoad and “Old Ivy Eoad,” with stated dimensions, “the land lot and…