Hutchinson v. Westbrook
Michigan Supreme Court
Error to Emmet; Shepherd, J. Case by Andrew H. Hutchinson and another against D. Frank Westbrook for fraud and deceit in the exchange of certain real estate. Judgment for plaintiffs. Defendant brings error.
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Error to Emmet; Shepherd, J. Case by Andrew H. Hutchinson and another against D. Frank Westbrook for fraud and deceit in the exchange of certain real estate. Judgment for plaintiffs. Defendant brings error. On March 5, 1914, plaintiffs, who resided in or near the city of Detroit, entered into a contract with the defendant, who resided in Emmet county, Mich., by the terms of which the plaintiffs agreed to assign to defendant their interest under certain land contracts covering several lots in the vicinity of Detroit. They further agreed to pay to the defendant $500 on or before January 1,…
1Opinion of the CourtBrooke, J.
(after stating the facts). In his charge to the jury the court used the following language:
“Now, when a person has been defrauded in the purchase of either real or personal property, or in trading for it, he has two courses before him. In other words, as it has been stated, he has an election as to his remedy at law for the same. He may rescind the contract absolutely and restore the property to the party guilty of such fraud, and then sue for the consideration paid, or he may retain what he has received and bring an action to recover the damages occasioned by the fraud; but he cannot do…
2Cases cited3 opinions
- Dayton v. MonroeMichigan Supreme Court · 1881
- Wegner v. HerkimerMichigan Supreme Court · 1911
- Haener v. McKenzieMichigan Supreme Court · 1915
3Cited by2 opinions
- Grand Trunk Western R. Co. v. HW Nelson Co.Court of Appeals for the Sixth Circuit · 1941
- Barnhardt v. HamelMichigan Supreme Court · 1919