Hill v. Bush
Supreme Court of Arkansas
Appeal from the Circuit Court of Sevier county, in Chancery. The Hon. A. A. Stitil Circuit Judge. This is a case of misrepresentation, deceit and concealment upon a sale of- certain land, whereby there was a failure of title and consideration. 'Complainant, Hill, therefore claims a rescission of the contract.
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Appeal from the Circuit Court of Sevier county, in Chancery. The Hon. A. A. Stitil Circuit Judge. This is a case of misrepresentation, deceit and concealment upon a sale of- certain land, whereby there was a failure of title and consideration. 'Complainant, Hill, therefore claims a rescission of the contract. It will be sufficient to cite the cases of Yeates vs. Pryor, 6 Eng. 67; 1 S. & M. 443; 3 lb. 73, 683. There are several rules with regard to rescissions of contracts op the ground of misrepresentation: 1. The representation must be of something material, constituting an inducement or…
1Opinion of the CourtJustice PIanly
Moses Hill, the appellant, filed his bill in the Sevier Circuit Court, against James R. Bush, the appellee, for the purpose of rescinding a contract for the purchase of a forty acre tract, of land, lying in Pike county, and to perpetually enjoin the collection of the purchase money, which had not been paid.
The bill charges, in substance, that appellee represented himself as being the owner of the NEj: of the SWJ- of Section 12, Township 6 South, Range 27 West, situate in Pike county, on the waters of the Clear Fork of Little Missouri ri\ er — that there was a fine mill seat on the tract, at a…
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- Bolds v. WoodsIndiana Court of Appeals · 1894
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