Annis v. Warner

The opinion of the court was delivered by

Harvey, J.:

This is an action to rescind a contract for the purchase (in part an exchange) of real property, for fraudulent representations which induced its execution. The trial court sustained defendant’s motion for judgment on the pleadings and the opening statement of counsel. Plaintiff has appealed.

The contract sought to be rescinded was entered into and dated November 16, 1923. The amended petitibn, which was plaintiff’s *128first pleading alleging fraud which induced the execution of the contract, was filed November 21, 1925. It contained no…