Parlin v. Small
Supreme Judicial Court of Maine
On motion. Case for deceit in the sale of a farm. The declaration states in substance that, July 6, 1873, the defendant sold the plaintiffs his farm in Bowdoinham for $3,100 ; that before the sale he took them over it and showed them the boundaries, representing it as a rectangle, when in fact an eight acre wood lot of that shape had been sold from the northwest corner to one Robert Small; that he pointed out. the northwest corner and the north and west boundaries of the…
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On motion. Case for deceit in the sale of a farm. The declaration states in substance that, July 6, 1873, the defendant sold the plaintiffs his farm in Bowdoinham for $3,100 ; that before the sale he took them over it and showed them the boundaries, representing it as a rectangle, when in fact an eight acre wood lot of that shape had been sold from the northwest corner to one Robert Small; that he pointed out. the northwest corner and the north and west boundaries of the wood lot as a corner and a part of the north and west bounds of his farm; that life told the plaintiffs they could bave the…
1Opinion of the CourtPeters, J.
The claim set up by the plaintiffs was, that, in purchasing a farm, they were defrauded by the defendant conveying a less amount of land than was bargained and paid for by them when they took their deed. The plaintiffs getting the verdict, the defendant moves to set it aside. The plaintiffs did not rescind the bargain, but seek to maintain the deed with a parol variation that will make it as good as it would have been but for the alleged fraud, claiming damages for the deceit imposed upon them. They undertake to establish the alleged fraud entirely by their own testimony.
Under these…
2Cited by8 opinions
- Horner v. FlynnSupreme Judicial Court of Maine · 1975
- Petit v. Key Bank of MaineSupreme Judicial Court of Maine · 1996
- Pederson v. Seattle Consolidated Street Railway Co.Washington Supreme Court · 1893
- McCall v. BushnellSupreme Court of Minnesota · 1889
- Tourtelotte v. BrownColorado Court of Appeals · 1894
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