Pratt v. Philbrook
Supreme Judicial Court of Maine
Bill in equity to set aside the conveyance of certain property, made by the plaintiffs to the defendant, in consideration of his conveyance to them of certain parcels of lumber and rights connected therewith, then on its way by sea to California, and for farther relief.
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Bill in equity to set aside the conveyance of certain property, made by the plaintiffs to the defendant, in consideration of his conveyance to them of certain parcels of lumber and rights connected therewith, then on its way by sea to California, and for farther relief. The material facts, upon which the bill purports to be founded, are alleged to be, in substance, as follows : — The defendant owned eighty thousand of shingles, part of a cargo of lumber on board the ship Hampton. The contract between the master and some shippers of lumber on board, secured to the latter the right to ship…
1Opinion of the CourtTenney, J.
— By this suit, the plaintiffs seek to rescind the contract by which conveyance of the “ Thornton House” and the lots of land connected therewith in Saco, and furniture in the house, was made to the defendant, in consideration of the sale of certain lumber on the way to California for a market, and interests therein ; and also for damages alleged to have been sustained by the plaintiffs. The ground on which relief is prayed, is that the plaintiffs were induced to part with their property hy reason of misrepresentations made fraudulently, or by mistake, in reference to the lumber, which was'…
2Cases cited1 opinion
- Daniel v. MitchellU.S. Circuit Court for the District of Maine · 1840
3Cited by5 opinions
- Ball v. Farley, Spear & Co.Supreme Court of Alabama · 1886
- Bacon v. LeslieSupreme Court of Kansas · 1893
- Mitchell v. PinckneySupreme Court of South Carolina · 1880
- McKenzie v. MurphySupreme Court of Colorado · 1903
- Gem Oil Co. v. SwiftSupreme Court of Oklahoma · 1924