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DeMocker v. Associated Gas & Electric Co.

240 A.D. 946 Court N.Y. App. Div. English

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p. 946
Peter DeMocker and Another, Respondents, v. Associated Gas and Electric Company, Appellant.

Order affirmed, with ten dollars costs and disbursements. Memorandum. Despite plaintiffs’ allegation that they have no adequate remedy at law, we find a sufficient statement of two law actions,, one for the recovery of purchase money after an alleged rescission of a contract of sale and another for money damages in an action for deceit. The demand for equitable as well as legal relief does not require a dismissal of the complaint. (Saperstein v. Mechanics & Farmers Sav. Bank, 228 N. Y. 257 , 261, 262.) All concur.

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