Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 12

Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 12

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1837 edition. Excerpt: ... that the timber had all been cut off or blown down and decayed on the ground. The jury have found that Smyth knew that these representations were false, at the time he made them. The land was at a distance from the parties, and the defendant relied upon the representations of Smyth as to the timber; and for the correctness of those representations, especially that no injury had been sustained by fire, he must be held answerable. On ascertaining the deception that had been practised upon him, the defendant offered to return the deed, and requested Smyth to return that portion of the consideration which he had received. Smyth not only declined to do this, but taking the carriage, which is the subject of this action, from the possession of the defendant, carried it away--the defendant resisting him and VoL. 111. 36 endeavoring to prevent its removal. We do not perceive what more Kingsley could well have done to rescind the contract. It is said the surrender of the deed would not have reconveyed the land, so that its prior attachment as Kingsley'; would have been avoided. Neither would a reconveyarice by deed. There is no evidence of any attachment or any incumbrance created by Kingsley. The deed remained unrecorded, and when the defendant notified Smyth that the bargain was rescinded, the latter virtually refused to acquiesce, making no objection to the mode, or that the estate was encumbered, or that his rights were prejudiced by any thing the defendant had done; but claimed a fulfilment of the bargain by carrying away the carriage, to which he could acquire no title without the consent of Kingsley, the owner. This consent was never given, and consequently the property never vested in Smyth, or in the plaintiff, his grantee. We...show more

Product details

  • Paperback | 196 pages
  • 189 x 246 x 11mm | 358g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236973151
  • 9781236973153