Long

This action is for the rescission of a certain contract of sale on the ground of fraudulent representations. Judgment went for plaintiff and against the defendant noted in the caption as appellant. The defendant Rhodimer defaulted, and nonsuit was entered as to the nonappealing defendants. By the decree of the court below the contract was rescinded and plaintiff awarded judgment for the return of the moneys paid thereunder. The appeal is based on three main grounds, viz., insufficiency of the evidence, errors in the admission of testimony and laches of plaintiff.

The attack upon the sufficiency of the evidence necessitates a brief summary of the facts. Disregarding conflicts, there was sufficient before the court to support the ensuing narration of the transaction. Plaintiff, a physician and surgeon, had for some period of time known defendant Rhodimer, a real estate salesman in the employ of defendant Monroe, Lyon & Miller, Inc., the latter being selling agents as well as officers and directors of appellant. The relations of plaintiff and Bho dimer were those of close friends and neighbors, and Bhodimer was always endeavoring to interest plaintiff in the property of appellant,…