Solomons

The plaintiff in the above action sought a decree, declaring the rights of the parties under a contract for the exchange of real property. The property, conveyed to defendants Solomons, was improved by the erection thereon of two apartment houses. Said defendants filed a cross-complaint, alleging fraud by plaintiff inducing the exchange and asking for a rescission. The other parties to the action are the lessee of the two apartment houses, and certain pel-sons who placed the furnishings therein at the instance of the tenant, for which payment was not made in full. This furniture was mortgaged by the tenant as security for the rent, and the mortgages were assigned by plaintiff to defendants Solomons.

The trial court found the allegations of fraud to be untrue and that defendants Solomons were not entitled to rescind, but that there was a partial failure of consideration for the exchange, namely, to the extent that the purchase price of part of the furnishings was unpaid by the tenant mortgagor. The court entered an interlocutory decree by which it found that “certain issues in this case will require further evidence, the taking of certain accounts and the ascertainment of certain…