Hill v. . Brower
Supreme Court of North Carolina
False Representations — Contract. This was a PROCEEDING for the sale of land, for the purpose of reinvesting the fund arising therefrom, heard at Fall Term, 1876, of Surry Superior Court, before Cloud, J. The plaintiffs originally filed an ex parte petition tor the sale of certain lands in Surry County, and Edwin H. Banner was appointed a Commissioner to make the sale, which, was accordingly done, and the defendant became the purchaser in the sum of $8,000. The defendant…
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False Representations — Contract. This was a PROCEEDING for the sale of land, for the purpose of reinvesting the fund arising therefrom, heard at Fall Term, 1876, of Surry Superior Court, before Cloud, J. The plaintiffs originally filed an ex parte petition tor the sale of certain lands in Surry County, and Edwin H. Banner was appointed a Commissioner to make the sale, which, was accordingly done, and the defendant became the purchaser in the sum of $8,000. The defendant paid the amount of the purchase money, except the sum of $2,500, which he declined to pay, for the reason, as he alleged,…
1Opinion of the CourtBynum, J.
The tract of laud purchased by the defendant contained 486 acres, whereas he believed it contained upwards of 700 acres. It is found by the Court trying the facts as a jury, that the quantity of land supposed was a material inducement to the purchase, and that the defendant was deceived into the purchase by’the false and fraudulent representations of Banner, who was appointed by the Court, Commissioner to make the sale, and did sell the land to the defendant. 'When representations are made by one party to a contract, which may be reasonably relied on by the other, and those representations…
2Cases cited2 opinions
- Phillips Walsh v. . Rufus D. HallSupreme Court of North Carolina · 1872
- Wilcoxon v. . CallowaySupreme Court of North Carolina · 1872
3Cited by27 opinions
- Knight v. . HoughtallingSupreme Court of North Carolina · 1881
- Judd v. WalkerSupreme Court of Missouri · 1908
- Mabardy v. McHughMassachusetts Supreme Judicial Court · 1909
- May v. . LoomisSupreme Court of North Carolina · 1905
- Furst v. . MerrittSupreme Court of North Carolina · 1925
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