48 Neb. 786 | Neb. | 1896
This was an action by Anna Stochl and C. H. Stochl against William C. Caley for the rescission of a contract and the cancellation of a deed executed in an exchange of real estate. From a decree in favor of the plaintiffs, the defendant appeals.
It is argued that since the son of Mrs. Stochl went to Anew the land, she cannot be heard to say that she relied upon the representations of the defendant. Had not the wrong tract been pointed out to the son, there would be more merit to this contention. The son Avas prevented from making an examination of the property by the fraud and deceit practiced by the defendant, and the case falls within the rule laid down in McKnight v. Thompson, 39 Neb., 752, and Hoock v. Bowman, 42 Neb., 80. The decree is
Affirmed.