Pratt v. Philbrook
Supreme Judicial Court of Maine
Bill in Equity, to resciud an exchange of property between the plaintiffs and defendant. The same parties had been before the Court at a previous time, when the plaintiffs’ bill, as it then stood, was. dismissed upon demurrer, without costs for the defendant. Pratt & al. v. Philbroolc, 33 Maine, 17. The case is now presented upon bill and answer, and proof taken by both parties.
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Bill in Equity, to resciud an exchange of property between the plaintiffs and defendant. The same parties had been before the Court at a previous time, when the plaintiffs’ bill, as it then stood, was. dismissed upon demurrer, without costs for the defendant. Pratt & al. v. Philbroolc, 33 Maine, 17. The case is now presented upon bill and answer, and proof taken by both parties. The material facts appear in the opinion of the Court, and in the report of the case referred to as previously heard. I. The law of rescisión for fraud or mistake, is this: — “Whenever suppressio veri, or suggestio…
1Opinion of the CourtTenney, C. J.
This case has been before the Court at a previous time; and upon a demurrer by the defendant, the bill was dismissed. Pratt & al. v. Philbrook, 33 Maine, 17. Upon leave to amend, granted by the Court, the bill has been essentially changed, an answer has been filed, and proofs taken by both parties. The whole case has been argued upon its merits; many of the questions involved at the first hearing are identical with those now presented. But we think there is no occasion, to reconsider the opinion then given, so far as the principles therein settled, in relation to the facts of the case at that…
2Cited by1 opinion
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