37 Mich. 55 | Mich. | 1877
It is established beyond reasonable controversy that Sydnor J. Wright, of whom the defendants are administrator and heirs at law, sold to the complainant Elon G. S. Wright, who was his nephew, for the sum of $3,600, a farm worth not to exceed one-fourth of that sum, and that he accomplished the sale by means of false assertions regarding its value and productiveness, and by deception regarding the timber upon it. There is reason to believe, also, that though the vendor’s son and agent went with the purchaser to see the land, he contrived, by taking him an unusual route, to keep him away from those who would have been likely to give him more accurate information. And although much of Sydnor J. Wright’s representations consisted of matters which must ordinarily rest in opinion merely, yet as he had been in the actual possession and cultivation of the land, and professed to be speaking from actual results, his representations were not matters of opinion strictly in the ordinary sense of that term, but combined opinion with fact to an extent that justified the purchaser in placing some reliance upon them. And on a review of the whole testimony we are satisfied that such a case of fraud is established as •entitled the purchaser to have the purchase cancelled.
But defendants insist that the right to this relief, if it 'ever existed, has been lost by laches. This objection is based upon the fact that the purchaser took possession of the farm, occupied and cultivated it for one season, and at the end of that time requested indulgence in the payment of interest' on the unpaid purchase price, without raising any question of fraud in the sale, or requesting that it
The purchase price was provided for by paying $200 down, mortgaging the lands for $2,100, and other lands belonging •.to Elon’s wife, the other complainant, for $1,800. The
The decree directed the reconveyance to be made to Allen S. Wright as administrator of Sydnor J. Wright. It is argued that this was unwarranted. It does not appear, however, that any objection was taken in the court below to this branch of the decree, and it was the duty of counsel for the defendants to take any formal objection of this sort on the settlement of the decree in that court. But as the de.cree as it stands will protect the rights of the defendants, it will be affirmed as it is unless the defendants desire formal changes, which they will have an opportunity to suggest when a draft of the decree to be entered here is served upon them.
The complainants will recover their costs of this court.