A Treatise on the Specific Performance of Contracts, Including Those of Public Companies (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. 1871 edition. Excerpt: ...that the seller informed the buyer that one of the horses had a cold on him, and that this as well as the swelled leg was apparent to every observer. The jury having found a verdict for the defendant, a rule for a new trial was moved on, on thp ground that where defects are patent, a warranty against them is inoperative. The court refused the rule, on the ground that the warranty did not apply to the time of the sale, but to a subsequent period. In Stucky v. Clyburn, Cheves, 186, a slave sold had a. hernia; this was known to the buyer. Yet it was held to be within an ex any circumstances from which an inference inconsistent with the representation might be drawn, even though in the absence of such representation they might be sufiicient to put the other party on inquiry.(z') P202 "" 4'51. Nor will it prevent the 'effect of a misrepresentation that the party making it recommended the other to consult his friends and professional advisers, for " no man can complain that another has too implicitly relied on the truth of what he has himself stated.(7c) 452. Thus where a misrepresentation is made by a vendor in respect to a lease, of the covenants in which the purchaser would by law be implied to have notice, the vendor will be equally bound by his statement as if no such implication a1'ose.(l) 453. On the same principle it was decided that where a vendor represented the house to be substantially and well built, and it proved to be the contrary, the vendor was not entitled-to specific performance, though the defendant might of course have inquired into its actual state.(m) 454. In Harris v. Kemble, (n) there was a contract conse quent upon certain misrepresentations as to the profits of a '...