FOX v. HEATHERTON


281 A.D. 748 (1953)

Frank Fox, Appellant, v. James M. Heatherton, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 5, 1953.


Judgment reversed on the law and the facts and new trial granted, with costs to the appellant to abide the event.

The appellant sought rescission because of misrepresentation by respondent as to the value of the shares of stock held by the appellant and sold to the respondent. The Trial Justice made no finding as to whether there was or was not a representation as to the value of the stock. He could not determine where the...

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