Sherwood v. Salmon
Supreme Court of Connecticut
IN ERROR. THIS was a petition in chancery, brought, originally, by Salmon against Sherwood, complaining of fraud in the sale of certain lands in Virginia.
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IN ERROR. THIS was a petition in chancery, brought, originally, by Salmon against Sherwood, complaining of fraud in the sale of certain lands in Virginia. It was stated in the petition, that on the 1st of December, 1794, Sherwood applied to the petitioner and one Samuel Beebe, and proposed to sell to them 32,162 acres of land, in equal and undivided moieties, lying in the commonwealth of Virginia, being in nine entire parcels, and part of two other tracts or parcels, situate on the waters of Tiger Valley river, ill part, and in part on the waters of Big Elk river, in the county of Randolph,…
1Opinion of the CourtSwift, J.
The petition states a misrepresentation in the quality of Virginia lands, and a deceptive conveyance, pray *445ing that the contract may be set aside ; and the question is, whether relief can be given in law, or equity ?
It is a principle of the common law, that an action on the case for a deceit, lies, where a man does any deceit to the damage of another ; that fraud without damage, and damage without fraud, give no cause of action ; but where these two do concur, there an action lies. This broad principle is founded in reason and justice, and comprehends deceits as well respecting lands as…
2Cases cited1 opinion
- COCHRAN v. CummingsSupreme Court of the United States · 1802
3Cited by20 opinions
- Crislip v. CainWest Virginia Supreme Court · 1882
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- Board of Water Commissioners v. RobbinsSupreme Court of Connecticut · 1910
- Long v. . WarrenNew York Court of Appeals · 1877
- Ford v. H. W. Dubiskie & Co.Supreme Court of Connecticut · 1927
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