9 Port. 675 | Ala. | 1839
The facts alleged in this bill, may be said to present two grounds, on which the complainant seeks relief.
1. On account of the false representation of the nature and quality of the estate sold;
2. Because its location does not correspond with the defendant’s representation, made at the time of the sale.
It is necessary to ascertain, if these facts warrant the interposition of a court of equity, in behalf of the complainant.
It is said in the books, that a false representation respecting the nature of an estate, will not warrant the re-scisión of the contract for its sale, although the purchase may have been induced, and the purchaser deceived, by it — (Sug. on Bonds, 3, and cases there cited.) If this is intended to be understood of those random assertions Which are too often used by vendors respecting the value of their estates, it is doubtless true, and the cases, when examined, are found to prevent representations of this description, or else, were so vague and indeterminate, as to lead any prudent purchaser to a further and more direct enquiry into the value of the estate. It is not true, however, that equity will deny relief against false representation, though made with respect to mere value; and
There is some difficulty in defining with exactness, any rule which will embrace all the cases in which a false representation of value will entitle the purchaser to. relief; but seems clear, that it will not benied, where there is a positive representation, essentially material to the subject in question, and which, at the same time, is false in fact; provided, the application for relief is made with, due diligence — (Lowndes vs. Lane, 2 Cox, 363; Sherwood vs. Salmon, 5 Day, 439.)
The allegations of the bill bring this case completely within the rule just quoted, and it presents the additional feature, of an entire and implicit reliance on the assertions of the defendant, the complainant having no-means of ascertaining their falsity, by an inspection of the land before the purchase.
2. The misrepresentation of the location of the land, is equally decisive of the complainant’s right to relief, and is as fully within the rule laid down. The- bill, charges, that the land sold was represented as adjoining the lands of an individual named, but when examined, it .proves to be distant one or two miles. This was not the estate which the defendant contracted to purchase, and the facts would furnish cause sufficient to rescind the contract, even if the seller was guiltless of any fraudulent intention — (Duke of Norfolk vs. Worthy, 1 Camp. 337; McFerron vs. Taylor et al. 3 Cranch, 270.)
In any aspect in which this bill can be considered, it seems to us that there is sufficient equity on its face, to require an answer from the defendant: this being the case, it ought not to have been dismissed. The decree .of the Circuit court is reversed, with costs, the injunction reinstated, and the cause remanded to the Court of Chancery, for further proceedings.