Legal Opinion

Mestler v. Jeffries

Michigan Supreme Court

Decided September 20, 1906No. Docket No. 74PublishedCited by 8 opinions

Error to Van Buren; Carr, J. Assumpsit by Charles Mestler against Roberson Jeffries to recover payments made on a contract for the sale of land rescinded on the ground of fraud. There was judgment for plaintiff, and defendant brings error.

1Opinion of the CourtMoore, J.

On or about the 1st of April, 1904, plaintiff purchased from defendant a fruit farm, and soon thereafter went into possession of it. It is his claim that fraudulent statements upon which he relied were made to him. He abandoned the farm in April, 1905, and commenced this action. Upon the theory that he had rescinded the contract, the jury rendered a verdict in his favor for the full amount of the payments made by him. The case is brought here by writ of error.

It is said the court erred in allowing testimony that there were not as many trees upon the farm as was represented by defendant. The…

2Cases cited12 opinions

  1. Hubbardston Lumber Co. v. BatesMichigan Supreme Court · 1875
  2. Craig v. BradleyMichigan Supreme Court · 1873
  3. Dunks v. FullerMichigan Supreme Court · 1875
  4. Farrington v. SmithMichigan Supreme Court · 1889
  5. Dailey v. KingMichigan Supreme Court · 1890

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3Cited by8 opinions

  1. Hakes v. ThayerMichigan Supreme Court · 1911
  2. Lasby v. BurgessMontana Supreme Court · 1930
  3. Culver v. AveryMichigan Supreme Court · 1910
  4. Burchy v. CarpenterMichigan Supreme Court · 1914
  5. Hakes v. MacklinMichigan Supreme Court · 1912

3 more not listed; retrieve them via the Exa API.

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