Appellate Division of the Supreme Court of the State of New York July 1, 1925 (Friedman v. Richman)

Van Kirk, J.:

The complaint states a cause of action for rescission only and tenders a return of the property, the stock of goods, fixtures and good will which the plaintiffs had purchased from the defendants. The plaintiffs paid to defendants the sum of $23,750 by check and by two notes of $2,500 each, one maturing May 23, 1924, and the other September 23, 1924.