Trowbridge v. Oehmsen

Headnote

Rescission—false representations — real property — action to rescind deed and bond and mortgage and recover purchase money on ground of false representations.

Trowbridge v. Oehmsen, 207 App. Div. 740 , affirmed.

Appeal from a judgment, entered May 18, 1924, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing a dismissal of the

complaint. The action was to set aside a deed of real property made by defendant to plaintiff, to cancel and set aside a bond and mortgage made by plaintiff to defendant upon such conveyance and to recover the purchase money paid by plaintiff for the property on the ground that defendant had misrepresented the premises to the plaintiff in that she had stated that the house was a new structure, well built, when in fact the greater part of it was an old barn rebuilt.