Oklahoma Reports Volume 55 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1918 edition. Excerpt: ...of the money set up here as a counterclaim. Nor is there anything to show that, if the tovm trustees had been aware, at the time they were negotiating with O'Neil, as they claim they were not, that these tiers of blocks had been omitted, they would not have gone on and made the contract just as they did, with them omitted, paying him the same amount of bonds they did. So, taking it from any viewpoint, we fully agree with the trial court that the counterclaim urged against plaintiff in this case has not been established as an onligation against him, and was properly disallowed. OONTRACT-S--Right to Enforoe--Fraudulent RepresentationsNogiiganoe of Victim. A contract obtained by the fraudulent representations or conduct of one of the parties 'thmshould not be enforced, if it satisfactorily appears from the evidence that the party seeking a rescission has been misled in regard to a material matter by such misrepresentations or conduct to his injury; and it matters not that me party so misled may have been in some degree negligent. for it is not just. or equitable, for a person who has deceived another to challenge his credulity. or shield himself from the consequences of his own misconduct behind the faith and confidence reposed in him by his victim. VENDOR AND PURCllASER--Va.lidity of Contract--False Representations. The rule of caveat emptor is no longer a shield and protection to the deliberate frauds and cheats of the "blue sky sharper." and where a party positively makes false representations. as an inducement for another to contract with him. and such person. relying wholly upon such false representations. enters into a contract. such contract is voidable for fraud. even though the false representations were...