Williams v. Kerr
Williams v. Kerr
Opinion of the Court
Opinion by
The findings of the master are fully warranted by the evidence. Indeed, he might have found from the testimony of the appellants and that of their witness, Taylor, that they procured the deed to be obtained by falsely holding out to the plaintiffs as an inducement that a foundry and machine shop were to be immediately erected upon the property, which would greatly enhance the value of their remaining land; and that but for the falsehood and deception practiced upon them they would not have accepted the price that was paid them, or made the conveyance upon any terms whatever. Kerr and Harper testified that they could not purchase from Mrs. Williams, and for that reason employed Taylor to buy the land ostensibly for himself; that after an abortive attempt to execute his commission he reported that “ for him to buy it he would have to lie too much,” and recommended the employment of Kreuger; and that they thereupon employed the latter. And Taylor
The appellants having shown so much themselves, it requires-no credulity to believe the details of KreugeFs shameful mendacity, confessed by himself under oath, or to accept as verity the testimony of the plaintiffs and their daughter. It shows, that the property of an old lady having an enfeebled husband was, by deliberate falsehood, obtained from her for persons to. whom, and to be used for purposes for which, she would not have sold it upon any terms whatever, because she believed such user would be injurious to her remaining property; and that it was so obtained for one half that which she considered it worth upon the inducement falsely held out to her that it was to be immediately devoted to a purpose that would greatly enhance the value of the residue of her land.
In reply to the case thus made against them the appellants undertook to show that they paid all the land was worth, and now say that fraud without damage is no ground for relief in either law or equity, and because, in the estimation of others, Mrs. Williams sustained no pecuniary damage, she is not enti
The appellants, seeking to hold on to the advantage which they supposed they had gained after they had been informed by the plaintiff’s bill of the fraud practiced by their agent, make the conduct of that agent their own, if they had neither authorized nor assented to it before; and by their defence have made the accumulation of costs necessary. If they had promptly disavowed the fraud and consented to a decree against Kreuger they might, with propriety, have asked that the costs be imposed upon him, and that they have leave to remove any improvements which they had put upon the property in the belief that their title was untainted. But such is
The decree of the court below is affirmed.
Reference
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- Vendor and vendee — Misrepresentations—Equity. Fraud without the concurrence of injury affords no ground for relief in equity; but it is such injury as will be redressed by equity, to obtain from an owner, by a false representation of a fact which he deems material, property which he would not otherwise have parted with upon the terms which he is thus induced to accept. A decree for a reconveyance of land will be made where it appears that the owners of the land were induced to sell it by a false representation of the vendee, that a foundry and machine shop would be immediately erected upon the property which would greatly enhance the value of their remaining land; and that but for the falsehood and deception practiced upon them they would not have accepted the price that was paid them. Costs — Fraud by agent — Principal and agent — Improvements. Where a bill in equity is filed against a principal and agent to compel the reconveyance of land bought by the agent in his own name, but on account of his principal, and it appears that the sale was effected through the false representations of the agent, the principal will be charged with costs, if he does not promptly, after the bill is filed, disavow the fraud, and consent to a decree against the agent. With regard to the improvements the parties stand on no higher ground than does a trespasser.