Glass v. Craig

Citations

• 83 Fla. 408
• 91 So. 332

Syllabus

<p>1. When two persons trade with each other and there is nothing in their relations of a fiduciary character representations • as to the value of property which is the subject of their trading activities, mere statements of opinion, belief or expectation, although untrue and resting upon no information, is not such a false representation as to constitute fraud and justify the recission of the sale that may have been consummated between them.</p> <p>2. In a suit for the cancellation of a conveyance of real estate upon the ground'of fraud, expressions óf opinion as to the value of the properties involved in the trade and statements as to the financial condition of the maker of the notes which are to form part of the consideration for the conveyance ' of the land and assertions as to the condition of the property which is security for such notes, although exaggerated, are not deemed to constitute such fraud as would render the conveyance of property purchased void.</p> <p>3. The burden of proving fraud is upon the party complaining.</p> <p>4. In administering the remedy of cancellation the fundamental theory on which equity acts is that of restoration. The parties should be left as nearly as possible in the position they occupied before the trade which is rescinded.</p>