Legal Opinion

Van De Sande v. Hall

New York Supreme Court

Decided May 15, 1856PublishedCited by 4 opinions

Trial by court. This was an action for the recovery of rent, upon a lease given by John T. Van De Sande to the defendant, and assigned by John T. Van De Sande to the plaintiff.

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Trial by court. This was an action for the recovery of rent, upon a lease given by John T. Van De Sande to the defendant, and assigned by John T. Van De Sande to the plaintiff. The plaintiff claimed in his complaint to recover $200. One of the defences set up by the defendant in his answer was, that John T. Van De Sande falsely and fraudulently affirmed, with intent to deceive the defendant, that the demised premises contained thirty-two acres of land, whereas, in fact, they contained but about twenty-eight acres, which fact was known to. John T. Van De Sande at the time of making such…

1Opinion of the Court

Paige, Justice.

The defence of a false representation by John T. Van De Sande, in respect to the quantity of land contained in the lease, is not sustained by the evidence. The proof does not satisfy me that the representation was wilfully and designedly false; or that it misled the defendant and induced him to enter into the lease. Before accepting the lease the defendant examined the premises, and had an opportunity of ascertaining for himself the quanty of land embraced in the lease. The case comes within the principle of Faure agt. Martin, (3 Seld. 210.) Where a contract for the purchase of…

2Cases cited2 opinions

  1. Veeder v. FondaNew York Court of Chancery · 1831
  2. Covell v. President, Directors & Co. of the Tradesman's BankNew York Court of Chancery · 1828

3Cited by4 opinions

  1. First National Bank v. NorthSouth Dakota Supreme Court · 1892
  2. Draper v. CowlesSupreme Court of Kansas · 1882
  3. Sioux Banking Co. v. KendallSouth Dakota Supreme Court · 1895
  4. de Cordova v. SanvilleAppellate Division of the Supreme Court of the State of New York · 1914

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