Bradley v. Bosley
New York Court of Chancery
This was an appeal from a decree of the vice chancellor of the eighth circuit, dismissing the complainant’s bill. The com-» plainant, in November, 1839, was the owner of a farm in Le Roy, whieh farm was subject to three mortgages thereon, amounting together to the sum of $1350. And the defendant owned a lot of 220 acres of land in Illinois, which he had once visited, but which the complainant had never seen.
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This was an appeal from a decree of the vice chancellor of the eighth circuit, dismissing the complainant’s bill. The com-» plainant, in November, 1839, was the owner of a farm in Le Roy, whieh farm was subject to three mortgages thereon, amounting together to the sum of $1350. And the defendant owned a lot of 220 acres of land in Illinois, which he had once visited, but which the complainant had never seen. A negotiation was entered into by the parties, for the sale of the Le Roy farm to the defendant, the complainant to receive the Illinois lot in part payment. This negotiation resulted in…
1Opinion of the Court
The Chancellor.
Upon a careful examination of the testimony in this case, I think the complainant succeeded in establishing the fact that the defendant was guilty of a misrepresentation as to the situation of the Illinois lot, and the quantity of *148wood and timber thereon, and as to the quality of the land; and that by such misrepresentation the complainant was induced to allow for that lot, upon the sale of the Le Roy farm to the defendant, much more than he would have done, if the facts had been truly stated to him. It is very evident, from the whole case., that the defendant knew he was…
2Cited by42 opinions
- Galway v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Fish v. HowlandNew York Court of Chancery · 1828
- Sparks v. HessCalifornia Supreme Court · 1860
- Carpenter v. . OsbornNew York Court of Appeals · 1886
- Burns v. TaylorSupreme Court of Alabama · 1853
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