Harvey v. Knapp
Harvey v. Knapp
Opinion of the Court
This appeal by the plaintiff is from the decree dismissing her bill wherein, among other things, she prayed for the cancelation of her conveyance to the defendant on the ground of his alleged fraud in the procurement of the same, etc.
The facts upon which the decree is based are fully set forth in the opinion of the learned trial judge, including his answers to requests for findings of fact submitted by both parties respectively, and need not be recited here. A careful consideration of the record has satisfied us that his findings are fully sustained by the pleadings and the evidence. His conclusions of law are also correct. We find no error that would justify a reversal or modification of the decree, nor is there anything in •either of the specifications of error that requires discussion.
The decree is affirmed on the opinion of the court below and •the appeal is dismissed at appellant’s costs.
Reference
- Full Case Name
- Melissa Harvey v. John Knapp
- Status
- Published
- Syllabus
- Deed — Rescission—Fraud—Stock. A deed for land executed in consideration of the stock of a corporation will not be rescinded where it appears that the defendant represented that a situation in the corporation would afford favorable employment to plaintiff’s husband, and that the holding of the stock would increase his chances of getting such position, but that he made no misrepresentation of any existing fact, nor gave any promise to procure a situation for plaintiff’s husband. A deed given in exchange for stock of a corporation will not be rescinded on the ground that the defendant wrongfully stated that he had paid a certain amount per share for the stock, where the evidence shows that he had received the stock in exchange for an interest in a limited partnership association, and there is no evidence to show how much money he had put into the original limited company.