Ruffner v. Ridley
Court of Appeals of Kentucky
Case 28 — EQUITY APPEAL FROM TODD CIRCUIT COURT. 1. Fraudulent representations of a vendor as to the number of acres in a tract of land conveyed, where the vendor obtains the exact boundary bargained for, will not authorize a rescission of an executed contract, unless the deficit so far affects the whole subject-matter of the contract as that the chancellor can properly adjudge that the vendee would not, if he had been aware of the actual quantity, have made the purchase. 2.…
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Case 28 — EQUITY APPEAL FROM TODD CIRCUIT COURT. 1. Fraudulent representations of a vendor as to the number of acres in a tract of land conveyed, where the vendor obtains the exact boundary bargained for, will not authorize a rescission of an executed contract, unless the deficit so far affects the whole subject-matter of the contract as that the chancellor can properly adjudge that the vendee would not, if he had been aware of the actual quantity, have made the purchase. 2. If the chancellor apply the rule that those who seek his aid must come into court with clean hands, ready to correct…
1Opinion of the Court
JUDGE HINES
delivered the opinion op the court.
This is an action, brought by appellee, for the rescission, on the ground of fraud, of an exechted contract for exchange of lands.
The terms of the agreement were: Appellant owned, in the State of Missouri, a tract of land, represented to contain six hundred and twenty-six acres, on which there was a mortgage lien for six thousand dollars; and appellee owned a tract of land in the State of Kentucky, on which there was a mortgage lien for fifteen hundred dollars. The Missouri land was to be taken at thirty dollars per acre, and the Kentucky land at…
2Cited by15 opinions
- Dennis v. ThomsonCourt of Appeals of Kentucky (pre-1976) · 1931
- Killebrew v. MurrayCourt of Appeals of Kentucky · 1912
- United States Fidelity Guaranty Co. v. MillerCourt of Appeals of Kentucky (pre-1976) · 1931
- Morris v. McDonaldCourt of Appeals of Kentucky · 1922
- Hodge Tobacco Co. v. SextonCourt of Appeals of Kentucky · 1915
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