Sipola v. Winship
Supreme Court of New Hampshire
Bill in Equity, for the rescission of a sale of real estate on account of fraud, etc. Trial by the court. Bill dismissed without prejudice. Transferred from the January term, 1906, of the superior court by JPeaslee, J. The plaintiff purchased a farm of the defendant in 1904, for the price of $2,500, of which he paid one half in cash and gave his note secured by a mortgage of the farm for the balance, payable in annual instalments of $100 each.
Read the full summary
Bill in Equity, for the rescission of a sale of real estate on account of fraud, etc. Trial by the court. Bill dismissed without prejudice. Transferred from the January term, 1906, of the superior court by JPeaslee, J. The plaintiff purchased a farm of the defendant in 1904, for the price of $2,500, of which he paid one half in cash and gave his note secured by a mortgage of the farm for the balance, payable in annual instalments of $100 each. The first instalment having become due and its payment being refused by the plaintiff, the defendant brought a writ of entry to foreclose the mortgage,…
1Opinion of the CourtChase, J.
The plaintiff seeks equitable relief for the defendant’s fraud in making the sale of the farm to him, either by a rescission of the contract of sale, or by a cancellation of the note and mortgage which he gave in part payment for the farm, and which the defendant now holds and is attempting to enforce by an action at law. It appears that, in making the contract of sale, the defendant defrauded the plaintiff to the extent of $400 by false and fraudulent representations regarding the value of the wood and timber upon the farm. The effect of this fraud was substantial ; and if the plaintiff, as…
2Cases cited13 opinions
- Hamilton v. CummingsNew York Court of Chancery · 1815
- Parker v. MoultonMassachusetts Supreme Judicial Court · 1873
- Noble v. GooginsMassachusetts Supreme Judicial Court · 1868
- Thackrah v. HaasSupreme Court of the United States · 1886
- McGhee v. BellSupreme Court of Missouri · 1902
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Invest Almaz v. Temple-Inland Forest Products Corp.Court of Appeals for the First Circuit · 2001
- Russo v. WilliamsNebraska Supreme Court · 1955
- Bergeron v. DupontSupreme Court of New Hampshire · 1976
- Doherty v. BartlettCourt of Appeals for the First Circuit · 1936
- Calvert Fire Insurance v. Unigard Mutual InsuranceDistrict Court, D. Nebraska · 1980
4 more not listed; retrieve them via the Exa API.