Opinion
January 21, 1938.
Present — Hagarty, Carswell, Davis, Johnston and Taylor, JJ.
In an action in effect for money had and received, based upon a claimed executed rescission of the purchase of a bond and mortgage, which rescission was based on alleged false representations made by the defendant as to the quantum of the mortgaged premises, judgment in favor of the defendant dismissing the complaint on the merits after a trial by the court without a jury, unanimously affirmed, with costs. No opinion.