Chapin v. Kreps

The opinion of the court was delivered by

Parker, J.

This is a suit by a vendee of real estate to recover back the money paid at the time of entering into the contract, on the ground of fraudulent misrepresentation of the quantity of land sold. The property consisted of six building lots plotted on a map as thirty-five feet each in frontage, but which turned out to be only thirty feet each. The jury were clearly entitled to find that such misrepresentation had been made and was an inducing cause of the purchase at the price agreed, and no point is made on that score. The gravamen of the appeal…