Marvin v. Bennett
New York Court of Chancery
These cases came before the chancellor upon appeals by Asa Marvin, the complainant in the first cause and the defendant in the last, from the decrees of the vice chancellor of the eighth circuit in the said causes respectively.
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These cases came before the chancellor upon appeals by Asa Marvin, the complainant in the first cause and the defendant in the last, from the decrees of the vice chancellor of the eighth circuit in the said causes respectively. In February, 1832, Bennett & Williams, the complainants in the last cause and two of the defendants in the first, sold to Marvin block No. 98 in Buffalo, being a part of outer lot No. one; and which in their conveyance thereof to Marvin was described as follows: "Beginning on the northerly line of Water-street, at its intersection with the northerly line of…
1Opinion of the Court
The following opinion was delivered by the vice chancellor in the first cause :
Gardner, V. C.
The claim to relief in this case is founded exclusively upon the alleged misrepresentation of the defendant Bennett, prior to the sale, as to the quantity of land embraced in the lot in controversy. Fraud is not imputed to the defendants. It was not contended that the misrepresentation was intentional. But it was insisted that proof of the misrepresentation alone would entitle the complainant to a decree for damages, or to rescind the contract in the discretion of the court. There are undoubtedly…
2Cases cited1 opinion
- Machir v. M'DowellCourt of Appeals of Kentucky · 1816
3Cited by16 opinions
- Grimes v. SandersSupreme Court of the United States · 1876
- Crislip v. CainWest Virginia Supreme Court · 1882
- Stevens v. . MelcherNew York Court of Appeals · 1897
- Belknap v. . SealeyNew York Court of Appeals · 1856
- Board of Commissioners v. YoungerCalifornia Supreme Court · 1865
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