149 N.Y.S. 653 | N.Y. App. Div. | 1914
This is an action in equity to rescind a contract of purchase of an automobile from defendant to plaintiff, and to recover back the purchase price. . The ground upon which rescission is sought is fraud and misrepresentation by defendant as to the quality and value of the subject of the purchase. As incidental relief (and this is probably the real reason for the action) plaintiff seeks to enjoin the prosecution of an action commenced in the Municipal Court by the defendant to recover the cost of repairs made upon said automobile after the purchase. Some of the representations claimed to be false are designated in the complaint as warranties, and doubtless may be so considered.
We are of opinion that the complaint fails to state a cause of action in equity. The agreement sought to be rescinded
The rule above quoted -is precisely applicable to the case at bar. The transaction is completed; the plaintiff has elected to declare it a nullity because of false warranties and representations on the part of defendant, and he seeks to recover the purchase price. His remedy at law is complete and adequate, and there is nothing for equity to seize hold upon. As an action to restrain the prosecution of the action in the Municipal Court, the complaint is clearly inadequate. Whatever defense plaintiff may have to that action can he presented in that court. But while the complaint does not state a cause of action in equity, which is evidently what the pleader intended, we can
It follows that the order appealed from must be affirmed, with ten dollars costs and disbursements.
Ingraham, P. J., McLaughlin, Laughlin and Clarke, JJ., concurred.
Order affirmed, with ten dollars costs and disbursements.