Herbert v. Stanford

In June, 1857, James Herbert contracted to convey to Bradford Stanford, a tract of land in Indiana, on the payment, by the latter to the former, of tí00 dollars, in the manner and at the time specified. The contract of sale was effected by Herbert through fraud; and he received upon it, a payment in certain specific articles, at a price agreed upon by the parties. Stanford soon after-wards discovered the fraud, failed to take possession of the land, and sued to rescind the contract and recover back the amount he had paid. He recovered.

It is objected that he could not, maintain this suit…