Clark v. Kirby

Merrell, J.:

The action was brought in equity to obtain a rescission of a certain contract to assign a lease of oil lands, and the assignment executed pursuant thereto, on the ground that the contract and assignment of the lease were procured by the false and fraudulent representations of the defendants. The answer of the defendant, respondent, Souders, is substantially a general denial of the allegations of the complaint. Said answer then alleges, as a first affirmative defense, that, prior to the commencement of this action against said defendant, the plaintiffs brought another action in the…