Dutch v. Gamage Brokerage Co.
Supreme Judicial Court of Maine
On appeal by defendant. A bill in equity praying for the cancellation of a written contract entered into by plaintiff and defendant on the ground of fraud and misrepresentation, and a further ground that it was unconscionable. The cause was heard upon bill, answer, replication, and proof before a single Justice who sustained the bill, and defendant appealed from such finding. Case is stated in the opinion.
1Opinion of the CourtCornish, C. J.
Appeal in equity by defendant. The bill was brought in November, 1919, to obtain the rescission and cancellation of a written contract entered into between the parties on October 9, 1916. The ground is fraud and misrepresentation on the part of the defendant, the plaintiff alleging that she unwittingly signed the agreement without foreseeing or comprehending its effect, and the further ground that the consideration was grossly inadequate and the agreement in itself so unconscionable that it should not be allowed to stand.
By the terms of the contract the plaintiff appointed the Gamage…
2Cited by2 opinions
- American Fidelity Co. v. MahoneySupreme Judicial Court of Maine · 1961
- American Fidelity Co. v. MahoneySupreme Judicial Court of Maine · 1961