Mason v. Madson

Upon the authorities below, but particularly the case ofStillwell v. Rankin, 55 Mont. 130, 174 P. 186, in which it was said: "In any event, a man is entitled to receive the property he contracts to purchase and cannot be required to accept in lieu thereof something else, even though it has equal value," the appellant submits that there can be no question that in this jurisdiction it is fraud in law, relating to a material matter, for a vendor to deliver to his vendee an article which he represents to be one thing while in truth it is another, even though the physical and tangible attributes…