Byrd v. Rautman

Citations

• 85 Md. 414
• 36 A. 1099
• 1897 Md. LEXIS 45

Syllabus

<p>Fraud — Rescission of Contract — Delay in Seeking Relief — False Statement as to Party's Motive.</p> <p>A party who seeks to have an executed contract rescinded on the ■ground of fraud, must be guilty of no unnecessary delay. A bill filed for such purpose more than three years after the contract was made and a year after plaintiff acquired full knowledge of all the facts, will be dismissed because’not filed within a reasonable time.</p> <p>A false statement by a buyer of property as to his motive in desiring to make .the purchase, when it does not involve any false statement of fact on which the seller had a right to rely, or any siippressio veri, does not constitute such fraud as will entitle the seller to rescind the contract of sale.</p>