Legal Opinion

Pound v. Clum

Michigan Supreme Court

Decided December 27, 1918No. Docket No. 110PublishedCited by 9 opinions

Appeal from Genesee; Stevens, J. Bill by James Pound and others against Sherman S. Clum and others to rescind an exchange of real property on the ground of fraud. From a decree for plaintiffs, defendants Clum appeal.

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Appeal from Genesee; Stevens, J. Bill by James Pound and others against Sherman S. Clum and others to rescind an exchange of real property on the ground of fraud. From a decree for plaintiffs, defendants Clum appeal. Plaintiffs were, in December, 1916, the owners of 160 acres of land In Genesee county, Michigan, worth $85 an acre, or a total of $13,600. The farm was subject to mortgages aggregating $3,550. The value of the equity, therefore, was the sum of $10,050. Defendants Clum were at the same time the owners of eight houses and lots in the city of Saginaw. Plaintiff James Pound and his…

1Opinion of the CourtBrooke, J.

(after stating the facts). From a careful perusal of this record, it appears to have been conclusively proven that plaintiffs’ equity in the farm in question was actually worth $10,050. . By an overwhelming weight of the evidence it appears that defendants’ equity in the property exchanged, instead of being the sum of $8,200 as shown by Exhibit A, was in fact about $3,650. As shown by the testimony given by and on behalf of the plaintiffs, the representations made by Clum or by his agent, Heine, were as follows:

“That he_ could sell them just as quick as he got back. I think the property he…

2Cases cited8 opinions

  1. McDonald v. SmithMichigan Supreme Court · 1905
  2. French v. RyanMichigan Supreme Court · 1895
  3. Yanelli v. LittlejohnMichigan Supreme Court · 1912
  4. Pratt v. Allegan Circuit JudgeMichigan Supreme Court · 1913
  5. Myers v. Alpena Loan & Building Ass'nMichigan Supreme Court · 1898

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. O'Neill v. KunkleMichigan Supreme Court · 1928
  2. Bayley v. FriedbergMichigan Supreme Court · 1924
  3. Hammer v. MartinMichigan Supreme Court · 1919
  4. Gugel v. NeitzelMichigan Supreme Court · 1929
  5. Gothe v. KakisMichigan Supreme Court · 1932

4 more not listed; retrieve them via the Exa API.

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