Kincaid v. Tant

On Rehearing.

BUCK, J.

The original opinion in this case was rendered April 4, 1914, and the judgment of the trial court affirmed. A motion for rehearing was filed in due time, and has been held under consideration since, pending action by the Supreme Court on two cases involving the same issue, to wit: Whether a definite and material representation of the condition and value of land exchanged or sold, which is relied upon by the other party and is proved to be untrue, affords grounds for rescission, though the party making said positive representation, at the time he made it, had not seen the…