Bell v. Kyle

Citations

• 27 N.M. 9
• 192 P. 512

Syllabus

<p>SYLLABUS BY THE COURT</p> <p>1. Ordinarily the findings of fact of the trial court will not be disturbed when they are supported by any substantial evidence. P. 11</p> <p>2. The evidence of a witness to an admission of notice of a fact which, if received prior to a purchase of land would prevent the party from rescinding the transaction on the .ground of fraudulent representations, and which, if received after the purchase and payment of the purchase price, would not affect his right, was properly disregarded by the court as immaterial, where the witness failed to be able to show that the notice was received prior to the purchase. P. 12</p> <p>3. A question not raised in the court below will ordinarily not be considered here. P. 13</p> <p>4. Where a vendor takes a vendee to a spring and falsely' and fraudulently represents to the vendee that the spring is upon the land to be conveyed, and the vendee is ignorant of the facts, and could ascertain them only by survey of the land, and where there are no circumstances present calculated to arouse the suspicions of the vendee, he is entitled to rely upon the representations, and may rescind the contract and recover the purchase price paid upon discovery of the fraud. , • P. 13</p>