A Selection of Leading Cases on Various Branches of the Law; With Notes Volume 1, PT. 1
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. 1885 edition. Excerpt: ...6 Cl. & Fin. 232, to a contract for the purchase of land, and would seem applicable in all cases where contracts are sought to be annulled on the ground of fraud: Miller v. Henderson, 10 S. & R. 290; Hain 11. Kalbach, 14 Id. 159; Clark v. Partridge, 2 Penn. St. 13; National Bank v. Yocum, 11 Neb. 328. Even where the vendee in a sale vitiated by fraud, has afiirmed the contract by using the goods, and has paid the price, he is not left without remedy, for he may still have recourse to an action on the case for deceit, and recover damages for the injury which he sustained, from being led into a disadvantageous purchase, by the wilful misstatements of the vendor: Harrington v. Stratton, 22 Pick. 510; Clarke 12. Dickson, 1 E., B. & E. 148, 153; Weimer 11. Clement, 37 Penn. St. 147,149. In order, however, to support this form of action, it is essentially necessary that the scienter should be proved; and it will not be sufficient to show, that the defendant asserted that to be true, which was in point of fact, false: Cornfoot 1: . Fowke, 6 M. & W. 358; Taylor 1!. Ashton, 11 Id. 401; Russell v. Clark's Ex'ors, 7 Cr. 69; Wilson v. Fuller, 3 Q. B. 68; Evans 1). Collins, 5 Q. B. 819; Tryon v. VVhitmarsh, 1 Metc. 1;Paige v. Burt, 2 Id. 371; McDonald 1). Trafton, 3 Shep. 225; Lord v. Colley, 6 N. H. 99; unless it also appears with reasonable certainty that he was conscious of the untruth and uttered it wilfully to mislead the purchaser: Peers v. Davis, 29 M0. 184. Belief may exist and be in one sense well founded, in much that will not stand the test of examination, and a vendor cannot be made liable in tort for affirming that which he really believes, without ignoring the distinction between fraud and error, and setting...
- Paperback | 474 pages
- 189 x 246 x 24mm | 839g
- 13 Sep 2013
- Illustrations, black and white