Peak v. Gore
Court of Appeals of Kentucky
Case 93 — PETITION EQUITY — The appellant is entitled to a rescission because of the false representations as to value and the concealment of the existence of incumbrances, appellee having represented that he would make a good and clear title to said property, “ free from liens and mortgages,” and covenanted to “ execute a good and legal title.” 1. The false representations as to value, if any, do not afford ground for a rescission, appellant having an opportunity to know…
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Case 93 — PETITION EQUITY — The appellant is entitled to a rescission because of the false representations as to value and the concealment of the existence of incumbrances, appellee having represented that he would make a good and clear title to said property, “ free from liens and mortgages,” and covenanted to “ execute a good and legal title.” 1. The false representations as to value, if any, do not afford ground for a rescission, appellant having an opportunity to know the value of the property. 2. Appellant had knowledge of the existence of the incumbrances, but even if she did not, she…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
November 18, 1887, James Core sold to Amanda Peak and E. C. Montgomery, a lot of land in Junction City, on which was the “Core Hotel,” and furniture, for ten thousand dollars, and as evidence of the sale, a written contract was entered into and signed by the parties. By its terms Core agreed to make to them “a good and legal title,” upon payment of one-third the purchase price and execution of two notes each for one-half the residue, bearing interest at the rate of eight per cent, per annum, and payable in one and two years from the last of March,…
2Cited by6 opinions
- Livermore v. Middlesborough Town Lands Co.Court of Appeals of Kentucky · 1899
- Posey v. KimseyCourt of Appeals of Kentucky · 1912
- Ripy v. CronanCourt of Appeals of Kentucky · 1909
- Baxter v. DavisCourt of Appeals of Kentucky (pre-1976) · 1934
- Bean v. BrownCourt of Appeals of Kentucky · 1924
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