21 Tenn. 41 | Tenn. | 1840
delivered the opinion of the court.
This bill is filed to rescind a contract for the sale of lands to the defendant, upon the ground of fraudulent misrepresentation as to the quantity and quality of land contained within the boundaries specified by the contract.
The contract to sell and purchase was made between the defendant and the agent of the complainant, but the deed was executed by the complainant and beais date the 23d day of November, 1827. The bill to rescind was filed on the 27th day of December, 1836, nine years after the contract was executed, but che complainant alledges as an excuse for his delay, his ignorance of the fraud practised upon him. If there was any fraud in procuring the contract, it consisted in the misrepresentation of the quantity
Therefore, let the decree of the Chancellor be reversed, and the complainant’s bill be dismissed.