Herder v. Garman

The parties agreed to exchange properties. The contract was effected through a real estate agent with whom both properties were listed. The complainants seek a rescission on the ground of misrepresentation; the defendant counter-claims for specific performance. The real estate agent who negotiated the trade, Reiss, represented to the complainants, in response to an inquiry, that there were no colored families in the neighborhood of the defendant's property. In fact, six negro families were living in four houses in the same block on the adjoining street. The locality was residential; the house…