Davis v. Heard
Mississippi Supreme Court
Appeal from the chancery court of Carroll county. COTHRAN, J. The opinion of the court contains a full statement of all the material facts of the case. 1st. The proof does sot show that character of fraud which entitled the complainant below to a rescission of the contract. A mere representation honestly made, and believed at the time to be true by the party making it, though not true in fact, does not amount to fraud. Adams’ Equity, 178, and authorities there cited. 2d.
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Appeal from the chancery court of Carroll county. COTHRAN, J. The opinion of the court contains a full statement of all the material facts of the case. 1st. The proof does sot show that character of fraud which entitled the complainant below to a rescission of the contract. A mere representation honestly made, and believed at the time to be true by the party making it, though not true in fact, does not amount to fraud. Adams’ Equity, 178, and authorities there cited. 2d. “ It is usually necessary for a party who wishes to rescind a contract, to make his application as soon as he discovers the…
1Opinion of the Court
PeytoN, O. J.:
In September, 1860, Prank S. Heard filed his bill in the chancery court of Carroll county against Josiah Newman, that on the 29th day of October, 1859, he purchased certain lands in Carroll county, as described in the bill, from Josiah Newman, for which he executed to said Newman three promissory notes, one for the sum of $6,700, due the 1st day February, 1860, and two for $3,350 each, the one payable on the 15th day of January, 1861, and the other on the 15th day of January, 1862. That, being at the time of the purchase, a non-resident of this state and unacquainted with the…
2Cases cited7 opinions
- Read v. WalkerSupreme Court of Alabama · 1850
- Shaeffer v. SleadeIndiana Supreme Court · 1844
- Shirley v. ShirleyIndiana Supreme Court · 1845
- Rimer v. DuganMississippi Supreme Court · 1860
- Oswald v. McGeheeMississippi Supreme Court · 1854
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3Cited by12 opinions
- Mulheron v. Henry S. Koppin Co.Michigan Supreme Court · 1922
- Occidental Realty Co. v. PalmerAppellate Division of the Supreme Court of the State of New York · 1907
- J. A. Fay & Egan Co. v. Louis Cohn & Bros.Mississippi Supreme Court · 1930
- Penn Mut. Life Ins. v. NunneryMississippi Supreme Court · 1936
- Cole v. HaynesMississippi Supreme Court · 1953
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