34 Ind. App. 559 | Ind. Ct. App. | 1905
Suit by appellee to recover possession of certain personal property. Appellants answered: (1) General denial; (2) former adjudication; (3) title to tbe property through a written assignment signed by appellee and his wife, Elorence E. Griffith, and a delivery of the property to appellants; that the' personal property belonged to Elorence E. Griffith, and the assignment was of all interest in certain land which she had contracted to purchase, “including all personal property contained in the same premises.” To the second paragraph of answer appellee replied: (1) Denial; (2) admitting that the personal
Complaint is made of certain instructions, concerning which appellants’ counsel say in their brief, “that while in the abstract they are all correct, yet there is no evidence whatever to sustain the theory of any one of them.”
“Ordinarily,” said the court in Robinson v. Glass (1884), 94 Ind. 211, “one contracting party has no right to rely upon the statements of the other as to the character or contents of a written instrument (this, indeed, is only another form of stating the general rule) ; but while this is true, it is also true that if a known trust and confidence is reposed in the person making the representations, and there is a relationship justifying such trust and confidence, then the person to whom the representations are made may rely upon them.” See Peter v. Wright (1855), 6 Ind. 183; Matlock v. Todd (1862), 19 Ind. 130. Upon this branch of the case it can not be said there was no evidence to sustain the theory of the court’s instructions, and we think the record discloses that there was sufficient evidence to submit to the jury, under proper instructions, the question of whether or not a fraud was practiced upon appellee in the execution of the assignment.
Upon the question of whether or' not there was any consideration for the transfer of the personal property, the evidence is directly conflicting, but there is evidence that there was none.
We find no error in the record for which the judgment should be reversed. Judgment affirmed.