Lowber v. Selden

Roosevelt, Justice.

The object of this suit is to rescind two contracts—one made on the 30th of April, and the other on the 23d of August, 1844—on the alleged ground of “ fraud ” and want of “proper and adequate consideration.”

The charge of fraud is fully denied, and the attempt to prove it has entirely failed.

As to the question of sufficient' consideration, it may be observed, that the transaction, on its face, was a speculative one; holding forth, if successful, great hopes of profit, and attended, *527in the event of failure, (as is usual in such cases,) with correponding chances of loss. Its…