Majority
p. 970Edward J. Fitzgerald and Walter F. Fitzgerald, as Executors, etc., of Annie Fitzgerald, Deceased, Appellants, v. Title Guarantee and Trust Company, Respondent.
Action for money had and received, based upon the executed rescission of a transaction involving the sale of mortgage certificates by defendant to plaintiffs’ testatrix. Order denying plaintiffs’ motion for a discovery and inspection and granting defendant’s cross-motion for summary judgment under rule 113 of the Rules of Civil Practice, on the ground that the action is barred by the Statute of Limitations (Civ. Prac. Act, § 48, subd. 1), and judgment entered thereon, unanimously affirmed, with ten dollars costs and disbursements. No opinion. Present- — Hagarty, Carswell, Johnston, Taylor and Close, JJ.