Freeman & Wise v. Topkis

Citations

• 15 Del. 174

Syllabus

<p>Sale. Rescisión.—A sale once made in good faith, and the goods delivered thereunder, vests in the vendee an indefeasible title, and the vendor cannot retake the goods in specie, but must sue for the contract price thereof should they not be paid for.</p> <p>Same. Fraud.—Where a contract for the sale of goods is induced by false and fraudulent conduct or representations, the vendor may rescind the contract of sale and reclaim the goods.</p> <p>Fraud,—In the case of a sale alleged to have been induced by fraudulent conduct or representations, what constitutes fraud is a question of law for the Court. Whether the fraud was actually committed is a question of fact for the jury.</p> <p>Sale, Rescisión, Fraud, Insolvency.—Mere insolvency of the buyer, though well known to himself and by him concealed from the seller, does not in itself furnish sufficient ground for rescinding a contract of sale.</p> <p>Evidence. Fraud,—The great latitude permitted in the introduction of evidence to prove fraud imposes upon the jury a correlative duty of close scrutiny and careful sifting of the proof.</p> <p>Same.-—Fraud is never presumed but must be clearly established by evidence and the burden of proof is upon the party charging it.</p>