250 Mass. 276 | Mass. | 1924
This is a suit in equity in which the plaintiff, by reason of certain alleged material misrepresentations made to him by the defendant, seeks a rescission of an executed contract of sale of a grocery store; for the return of $2,000 in money, paid the defendant as part payment of the consideration price of said store; and for the cancellation and return of a note of $1,000,.secured by mortgage on said store, which note was given in payment of the remaining part of said price. After the filing of the answer, which in substance admitted the sale of the store and the terms of the sale as set out in the bill of complaint but denied that the defendant made the alleged “ fraudulent misrepresentations ” and that the plaintiff acted upon them to his damage, the case was referred to a master, who heard the parties and duly made his report.
No objections appear by the record to have been taken and the report was confirmed by an interlocutory decree not appealed from. This decree was followed by a final decree1 in the terms which follow: “ This case came on to be heard at this sitting and was argued by counsel; and thereupon, upon consideration thereof, it is ordered adjudged and decreed that the plaintiff is entitled to rescind the contract of sales in said case, that the defendant pay unto the plaintiff the sum of two thousand (2000) dollars paid by the plaintiff to the defendant, that the defendant cancel and surrender up to the plaintiff the note and mortgage on said store for the sum of one thousand (1000) dollars given by the plaintiff to the defendant and that the defendant pay to the plaintiff the sum of $18.76 costs and that execution issue therefor.” The case is before this court on the appeal of the defendant from the final decree.
The reason for the appeal, as stated by the defendant in
It follows that the final decree must be reversed, and the case stand for an accounting between the plaintiff and defendant.
Decree reversed.