Westfall v. Title Guarantee & Trust Co.

In an action in rescission, based on fraud and misrepresentation, to recover the purchase price of a participating mortgage certificate covering vacant land in Queens county, the plaintiff has recovered judgment. Judgment reversed on the facts and a new trial granted, costs to appellant to abide the event, upon the ground that the determination of the jury is against the weight of the evidence. Lazansky, P. J., Carswell, Johnston, Taylor and Close, JJ., concur.