Clough v. Cook
Court of Chancery of Delaware
Bill for Specific Performance. The bill is for specific performance of an agreement contained in a lease for a renewal of it from year to year, and was heard on a motion under rule 29a for a decree notwithstanding the answer.
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Bill for Specific Performance. The bill is for specific performance of an agreement contained in a lease for a renewal of it from year to year, and was heard on a motion under rule 29a for a decree notwithstanding the answer. It appeared from the bill that on April 12, 1912, one Graham became the owner of a building in Dover used for offices, and on April 13, 1912, made a written lease to the complainant, Clough, of all the .offices on the first floor of the building for the remainder of the calendar year 1912 at a rental of $200 per annum,-with the privilege of using one of the outside walls…
1Opinion of the Court
The Chancellor.
As the case is heard on the motion for a decree in favor of the complainant notwithstanding the answer, which motion has the effect of a general demurrer, the allegations of the answer are admitted to be true, and so are the allegations of the bill not denied by the answer.
From the facts alleged to support the allegations of fraud and misrepresentation by Clough towards Graham, it is not at all clear that the charges are sustained. But assuming as true that the facts show such fraud and misrepresentation, Cook was not deceived or injured thereby, for he knew all the facts…
2Cases cited7 opinions
- Kollock v. ScribnerWisconsin Supreme Court · 1897
- Godwin v. CollinsCourt of Chancery of Delaware · 1868
- Matthes v. WierCourt of Chancery of Delaware · 1912
- Lawrence v. MontgomeryCalifornia Supreme Court · 1869
- Marvel v. OrtlipCourt of Chancery of Delaware · 1866
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