52 Vt. 382 | Vt. | 1880
The opinion of the court was delivered by
A purchaser induced to make a purchase by fraud, on discovering the fraud, may affirm the contract and bring an action to recover the damages occasioned by the fraud ; or, if it is then in his power to place the vendor in statu quo, he may tender back the purchase, rescind the contract, and, if the price is unpaid, defend when sued for its recovery, or, if the price of the purchase has been paid, sustain an action against the vendor for the money paid. Such contracts are not void, but voidable at the election of the defrauded party. In whichever form of action the question may arise, the establishment of the fact that the contract was induced by fraud, is material, and any legitimate evidence to prove such fact, admissible. In our judgment the evidence objected and excepted to, tended to establish that the plaintiffs were induced to purchase the notes by the fraud of the defendant. If
The result is, we find no error in the judgment of the County Court, and the same is affirmed.