Blank v. Aronson

Citations

• 187 F. 241
• 109 C.C.A. 327
• 1911 U.S. App. LEXIS 4504

Syllabus

<p>1. Principal and Agent (§ 69*) — Execution oe Agency — A,gent to Sell Selling to Himself.</p> <p>An agent cannot purchase for himself that which his duty requires him to sell for his principal.</p> <p>I Ed. Note. — For other cases, see Principal and Agent, Cent. Dig. §§ 130-145; Dec. Dig. § 69.*]</p> <p>2. Appeal and Error (§ 1009*) — Review—Findings in Equity Suit.</p> <p>It is the settled law of the federal courts that, where a chancellor has made his findings of fact and decree on conflicting evidence, they will lie treated as presumptively correct by an appellate court, and will not lie disturbed, unless an obvious error has intervened in the application of the law, or some serious mistake has been made in the consideration of the evidence.</p> <p>| Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. § 3972; Dec. Dig. | 1009.*]</p> <p>3. Contracts i§ 270*) — Rescission for Fraud — Time for Rescission.</p> <p>One entitled to rescind a contract on the ground of fraud must announce his purpose to do so promptly, unconditionally, and unevasively, upon the discovery of the fraud practiced upon him.</p> <p>[Ed. Note. — For other cases, see Contracts, Cent. Dig. §§ 1189, 1200; Dec. Dig. § 270.*]</p> <p>4. Cancellation of Instruments (§ 34*) — Suit for Cancellation — Laches.</p> <p>A suit for cancellation of a deed on the ground of fraud, brought within a year after complainant’s rescission of the contract, is not subject to the defense of laches.</p> <p>lEd. Note. — For other cases, see Cancellation of Instruments, Cent. Dig. §§ 49-54; Dec. Dig. § 34.*]</p> <p>5. Cancellation of Instruments (§ 59*) — Suit por Cancellation oe Deed</p> <p>—Conditions to Granting of Relief — Value of Improvements Made by Defendant.</p> <p>An agent for the sale of land. v\\’h° l>y actual false representations induced his principal to sell the land to a third person, with whom he ivas secretly interested, and who afterwards obtained a conveyance of the land to himself before th