Beatty v. Fishel
Massachusetts Supreme Judicial Court
Contract for the rent reserved in a written lease of a tenement demised by the plaintiff to the defendant. The defendant alleged that he had been induced to execute the lease by fraudulent representations as to its contents, made by the plaintiff’s agent at the time of its execution. At the trial in the superior court, before Reed, J., the execution and delivery of the deed by the defendant were proved.
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Contract for the rent reserved in a written lease of a tenement demised by the plaintiff to the defendant. The defendant alleged that he had been induced to execute the lease by fraudulent representations as to its contents, made by the plaintiff’s agent at the time of its execution. At the trial in the superior court, before Reed, J., the execution and delivery of the deed by the defendant were proved. There was evidence that the defendant could not read, and conflicting evidence as to the fraudulent representations. The defendant had never taken possession of the demised premises. The judge…
1Opinion of the CourtChapman, C. J.
The instruction that the burden was upon the plaintiff to establish the fact that the lease in question was executed and delivered by the defendant under such circumstances as to make it a valid contract, was correct. But the defence set up was that the defendant had been induced by fraudulent representations to execute the lease, and that it was void for that reason. On that point, the instruction was that if the jury believed such representations were made, or if they, on the whole testimony, could not say whether the lease had been executed and delivered under such circumstances as to make…
2Cases cited1 opinion
- Baldwin v. ParkerMassachusetts Supreme Judicial Court · 1868
3Cited by6 opinions
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- First National Bank v. FordWyoming Supreme Court · 1923
- Barron v. International Trust Co.Massachusetts Supreme Judicial Court · 1903
- Fifty Associates v. Berger Dry Goods Co.Massachusetts Supreme Judicial Court · 1931
- Sickman v. HaxSupreme Court of Colorado · 1890
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