Clark v. Tennant
Nebraska Supreme Court
Error to the district court of Douglas county. The facts in the case are substantially as follows: Tennant, the defendant in error, in April, 1874, bought of Clark & French, plaintiffs in error, the furniture of the Wyoming Hotel, in Omaha, for the sum of $7,000. He was to pay in cash at the time of the purchase $1,000. He only paid $850. He gave notes for the balance of $6,000, secured by a chattel mortgage on the goods bought.
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Error to the district court of Douglas county. The facts in the case are substantially as follows: Tennant, the defendant in error, in April, 1874, bought of Clark & French, plaintiffs in error, the furniture of the Wyoming Hotel, in Omaha, for the sum of $7,000. He was to pay in cash at the time of the purchase $1,000. He only paid $850. He gave notes for the balance of $6,000, secured by a chattel mortgage on the goods bought. The total amount paid on the purchase price by Tennant, with the addition of $35 interest, was $1,385. The remaining notes of $5,000 and $650 due on first payment…
1Opinion of the Court
Lake, Oh. J.
Tennant’s action in the court below depended entirely upon the establishment of fra/ad on the part of Clark tfc French in the sale of the goods. It was solely on the ground of fraud that he sought to recover. This being the vital point in the case, and the one upon which it must eventually turn, it may be well to consider it at the outset of our examination.
It is an established rule that, to avoid a contract on the ground of fraud in the suppression of the truth, or the suggestion of falsehood, there must be a concealment of something which the seller is bound to communicate to…
2Cases cited1 opinion
- Taylor v. FleetNew York Supreme Court · 1847
3Cited by17 opinions
- Missouri Valley Land Co. v. BushnellNebraska Supreme Court · 1881
- Runge v. BrownNebraska Supreme Court · 1888
- Stetson v. RiggsNebraska Supreme Court · 1893
- Building & Loan Ass'n v. CameronNebraska Supreme Court · 1896
- Patrick v. LeachNebraska Supreme Court · 1879
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