Curtiss-Warner Corp. v. Thirkettle

The opinion of the court was delivered by

Lloyd, J.

On a bill to foreclose a purchase-money mortgage upon which there remained due an apparent balance of $1,206.50, the defendants, mortgagors, set up as a counter-claim thereto the fraudulent misrepresentation by the vendors as to the existence of a street along the side of the lot purchased by the plaintiff, an unperformed contract to construct sidewalks and curbing thereon, that they were induced to purchase upon such misrepresentation, and that they were damaged thereby to the extent of the sum due on the mortgage. The vice-chancellor advised…