Noyes v. Patrick
Supreme Court of New Hampshire
Replevin, for a horse. A referee found for the plaintiff, and reported the following facts : The parties exchanged horses, the plaintiff giving a gray horse for a brown one and $20 in money. On the day following, the plaintiff took the brown horse and the same $20 to the defendant’s house for the purpose of rescinding the trade.
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Replevin, for a horse. A referee found for the plaintiff, and reported the following facts : The parties exchanged horses, the plaintiff giving a gray horse for a brown one and $20 in money. On the day following, the plaintiff took the brown horse and the same $20 to the defendant’s house for the purpose of rescinding the trade. Not finding the defendant at his house, the plaintiff went to the defendant’s mill, where he found him, and, claiming that he had been defrauded in the trade, offered to return the brown horse and the money, both being present, and demanded the gray horse, which was…
1Opinion of the CourtClark, J.
The referee made a general award in favor of the plaintiff ; and it is to be assumed, nothing appearing to the contrary, that the referee found the facts necessary to warrant his award, the defendant’s fraud in the trade, the plaintiff’s right for that cause to rescind the contract, and an actual rescission by the plaintiff so far as the question is one of fact. Contracts entered into on fraudulent representations are voidable at the election of the party defrauded, and may be rescinded on discovery of the fraud if the parties can be restored to their original position. The party seeking to…
2Cases cited1 opinion
- Moody v. DrownSupreme Court of New Hampshire · 1876
3Cited by5 opinions
- Head & Dowst Co. v. New England Breeders' ClubSupreme Court of New Hampshire · 1910
- Hall v. NelsonSupreme Court of New Hampshire · 1880
- Gitterman & Co. v. Lynn Modern Shoe Co.Supreme Court of New Hampshire · 1935
- Tuttle v. LangleySupreme Court of New Hampshire · 1896
- Whittredge v. EdmundsSupreme Court of New Hampshire · 1884