Salter v. Aviation Salvage Co.
Mississippi Supreme Court
Appeal from chancery court of Clay county. Hon. A. J. McIntyre, Chancellor. Bill by S. G. Salter against the Aviation Salváge Company. Judgment of dismissal, and plaintiff appeals. While the books are reluctant in giving an exact definition of fraud, they all agree that for fraud to exist there must be four elements present to induce fraud.
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Appeal from chancery court of Clay county. Hon. A. J. McIntyre, Chancellor. Bill by S. G. Salter against the Aviation Salváge Company. Judgment of dismissal, and plaintiff appeals. While the books are reluctant in giving an exact definition of fraud, they all agree that for fraud to exist there must be four elements present to induce fraud. (1) There must be a duty; (2) there must be a correlative right vested in the party defrauded; (3) there must be a wilful violation of the duty; and (4) there must be a resultant injury to the party owning the right. They made a contract with Salter on…
1Opinion of the CourtAnderson, J.
Appellant, 'S. G. Salter, filed his bill in the chancery court of Clay county against appellees, Aviation Salvage company, a partnership composed of several citizens of Point, for an accounting and to recover the value of ^^^j^house and the flooring in five steel hangars, which *223appellant alleged were his property and that appellees had wrongfully taken possession of and converted to their use.
Appellees answered the bill, denying in part its allegations. There ivas a trial on bill, answer, and proof resulting in a decree dismissing appellant’s bill, from which he prosecutes this appeal.
It is.…
2Cited by7 opinions
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- Harrison v. VermillionMississippi Supreme Court · 1952
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