Forster v. Wilshusen
New York Court of Common Pleas
Appeal from equity term. Action by Emil Forster and another against John Wilshusen to> rescind a contract for the purchase of real property on the ground of fraudulent misrepresentations as to the amount of rentals and to recover payment under the contract. There was a judgment in favor of plaintiffs, and defendant appeals. Affirmed.
1Opinion of the CourtPryor, J.
Upon evidence clearly sufficient to sustain his conclusions, the learned trial judge found that, by his agent, the defendant, with intent to deceive the plaintiffs, made representations as to the rentals of the property; that those representations were untrue, and material in inducing the plaintiffs to purchase; and that with due diligence, after discovery of the fraud, plaintiffs demanded a rescission of the contract, and the return of the money paid upon it. These facts, by all authorities, suffice to support the action; and we should not be justified, on a mere conflict of evidence, in…
2Cases cited19 opinions
- Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Kountze v. . KennedyNew York Court of Appeals · 1895
- Vail v. . ReynoldsNew York Court of Appeals · 1890
- Hammond v. . PennockNew York Court of Appeals · 1874
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3Cited by7 opinions
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- Kaston v. Nathan Zimmerman & George Orlove & Co.Appellate Division of the Supreme Court of the State of New York · 1920
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