Reports of Cases in the Supreme Court of Nebraska (Volume 23)

Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1888. Not illustrated. Excerpt: ... Morgan v. Dinges. man would found his conclusions. The sale was the result of nothing but the urgency and deceit of Svvirnm, and such statements coming from a man of undoubted character (as Swimm was naturally assumed to be, under the circumstances) might have deceived a man of more experience than Bush. In Turner v. Harvey, Jacob's R., 178, Lord Eldon adverts to the general principle, that parties dealing for an estate have a right to put each other at arms-length; and that if the purchaser knows that there is a mine upon the estate, and the vendor makes no inquiry, the former is not bound to give him information thereof. He says, however, Very little is sufficient to affect the application of that principle; if a word, if a single word be dropped which tends to mislead the vendor, that principle will not be allowed to operate. On commenting on this rule in Livingstone v. Peru Iron Co., 2 Paige, 393, Chancellor AValworth says: Certainly if the purchaser does any act, or makes any declaration, with the intention of misleading the seller and preventing him from ascertaining the real situation of the property, and at the same time conceals from him a fact which he knows to be material, he is guilty of fraudulent deception. To the same effect are Haygarth v. Wearing, L. R. 12 Eq., 320, 328. Rawlins v. Wickham, 3 De G. & J., 304; S. C, 1 Giff., 355. Martin v. Jordan, 60 Me., 531. Goon, v. Alwell, 46 N. H., 510. Simar v. Canaday, 53 N. Y., 298. Van Epps v. Harrison, 5 Hill, 63. lieid v. Flippen, 47 Ga., 273. Morehead v. Eades, 3 Bush, 121. Sieveking v. Litzler, 31 Ind., 14. Harvey v. Smith, 17 Id., 272. Davis v. Jackson, 22 Id., 233. McFadden v. Robinson, 35 Id., 24. Allen v. Millison, 72 111., 201. Neil v. Cummings, 75 Id., 170. Fairbault v. Sater, 13 Minn., 210....