Supreme Court of Oklahoma March 17, 1936, No. 25728. (Sooner Bond Co. of America v. Davis)

GIBSON, J.

This is an action to rescind a written contract for fraud and to recover the amount paid out in pursuance thereof. Trial in the district court of Kay county resulted in a judgment for plaintiff, and the defendant has appealed. The parties are referred to herein as they appeared at the trial.

Plaintiff has moved to dismiss the appeal.