Neely v. Rembert
Supreme Court of Arkansas
Appeal from Phillips Chancery Court. Edward D. Robertson, Chancellor. statement by the court. Rembert bought of J. O. Neely a plantation in Phillips county, Arkansas, paying him therefor $'32,500. Of this $7,000 were paid in cash, and notes were executed for balance. Rembert brings this suit to rescind the purchase, alleging that he was induced to make it by reason of certain representations made by Neely as to the extent and quality of the land, which were false.
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Appeal from Phillips Chancery Court. Edward D. Robertson, Chancellor. statement by the court. Rembert bought of J. O. Neely a plantation in Phillips county, Arkansas, paying him therefor $'32,500. Of this $7,000 were paid in cash, and notes were executed for balance. Rembert brings this suit to rescind the purchase, alleging that he was induced to make it by reason of certain representations made by Neely as to the extent and quality of the land, which were false. Neely denies making any representations, and saj^s that Rembert purchased on his own judgment, after inspecting the land. Omitting…
1Opinion of the CourtWood, J.
(after stating the facts.) The fact that Rembert began an inspection of the plantation before his purchase gives us pause. For, says Mr. Pomeroy, the plainest motives of expediency and justice require that such a one “should be charged with all the knowledge which he might have obtained had he pursued the inquiry to the end with diligence and completeness. He cannot claim that he did not learn the truth, and that he was misled.” 2 Pomeroy, Eq. Jur. § 893. One ground of the rule is stated to be the practical impossibility, in any judicial proceeding, of ascertaining exactly how much knowledge…
2Cases cited3 opinions
- Matlock v. ReppySupreme Court of Arkansas · 1886
- Fitzhugh v. DavisSupreme Court of Arkansas · 1885
- Oswald v. McGeheeMississippi Supreme Court · 1854
3Cited by22 opinions
- Massey v. TyraSupreme Court of Arkansas · 1950
- Ryan v. BatchelorSupreme Court of Arkansas · 1910
- Thrams v. BlockNew Mexico Supreme Court · 1938
- Ballard v. CarrollCourt of Appeals of Arkansas · 1981
- Kincaid v. PriceSupreme Court of Arkansas · 1907
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