Federal Life Insurance Co. v. Kras‪.‬

THE plaintiff in error Hall sued in the lower court to recover certain moneys which he paid to the defendant in error Bankers Trust Co., but which he alleges he paid only by reason of alleged false representations of the company. Instead of affirming the original contract and exercising his right to sue in tort for damages on account of injury sustained by such representations -- in what would thus have been an action of deceit -- Hall claimed to have declared a rescission and brought an action ex contractu to recover the payments he had made.