STRUM, Circuit Judge.
This action was brought to rescind an executory contract for the sale of an apartment building in Miami, Florida, and to recover the sum of $10,000 paid by plaintiff as part of the purchase price. The appeal is from a summary judgment in favor of plaintiff, who was vendee in said contract, the defendant being the vendor.
The grounds for rescission are that the terms of a first mortgage on the property are in fact more onerous than specified...
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