Peabody Et Al. v. Dymsza Et Al‪.‬

RUGG, C. J. The plaintiffs seek in this suit in equity to rescind an exchange of real estate between the parties on the ground of fraud and deceit by the defendants Dymsza (hereafter called the defendants) whereby the plaintiffs were induced to enter into the transaction, to recover their damages and to obtain other relief. The case comes before us on appeal from a final decree entered pursuant to findings of fact made by the trial Judge. No evidence is reported. In brief it was found that the plaintiffs were induced to their harm to make the exchange through the fraud and misrepresentations of the defendants and their agent, but that they were barred from rescinding the exchange by laches and by the sale of some of the property received by them in the transaction. The trial Judge decided that the bill should be retained for the assessment of damages which he proceeded to assess. A decree was entered in favor of the plaintiffs for the amount of damages thus found to have been sustained. Even if it be assumed that amendment to the bill by adding a prayer for damages was necessary, E. Kronman, Inc., v. Bunn Bros., Inc., 258 Mass. 562, 568, 155 N.E. 426; G. L. (Ter. Ed.) c. 214, § 12, the allowance of an amendment of that nature rested in the sound judicial discretion of the trial Judge. Knox v. Springfield, 273 Mass. 109, 173 N.E. 439.