Livingston v. Peru Iron Co.
New York Court of Chancery
• The bill in this cause was filed by the son and 'grantee of John Livingston deceased, to set aside the conveyance of a lot of land, on the ground of fraud.
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• The bill in this cause was filed by the son and 'grantee of John Livingston deceased, to set aside the conveyance of a lot of land, on the ground of fraud. The bill stated among other things, that Palmer, one of the defendants, applied to J. Livingston to purchase the land in question, which was then wild and uncultivated, and that lie falsely represented to Livingston that the same was of little or no value except for a sheep pasture, for which purpose he wanted the lot; whereas in point of fact he had previously discovered a valuable ore bed on the premises; which fact he fraudulently…
1Opinion of the Court
The Chancellor.
Upon the merits of this case the demurrer cannot be sustained. I am not aware of any case in our own courts, or in England, where the simple suppres-" sion, by the buyer, of a fact which materially enhanced -the value of the property, has been deemed sufficient to set aside the sale, on the ground of fraud. The rule is different where the purchaser applies to a court of equity to enforce the spe-. cific performance of an agreement. In such a case this court will not enforce a specific performance of the contract, if the complainant has intentionally concealed a material fact…
2Cited by13 opinions
- Seeger v. OdellCalifornia Supreme Court · 1941
- Crompton v. BeedleSupreme Court of Vermont · 1910
- Gruber v. BakerNevada Supreme Court · 1890
- Stackpole v. HancockSupreme Court of Florida · 1898
- McMichael v. . KilmerNew York Court of Appeals · 1879
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