Joseph M. Whelan, T/a Cecil's Bakery v. Sydney Hirshon

On a trial involving transactions looking to the sale by the defendant to the plaintiff of a bakery and luncheonette, plaintiff recovered judgment in the Municipal Court for the District of Columbia in the sum of $2,990 as damages re-suiting from the fraudulent misrepresentations of defendant. This was the amount for which plaintiff had sued. But the contract signed by the parties called for the payment by plaintiff of amounts considerably in excess of $3,000, and his complaint included a prayer for its rescission. The jurisdictional problem thus suggested by the pleadings, 1 however, was not…