Killen v. Purdy

Citations

• 11 Del. Ch. 66
• 95 A. 908
• 1915 Del. Ch. LEXIS 39

Syllabus

<p>Where the cancellation of written instruments conveying land or containing agreements is sought in equity on the ground that such instruments were procured by fraud, the proof of the charges of fraud must be clear and unequivocal.</p> <p>In a suit to cancel a conveyance of realty, evidence held insufficient to show clearly and convincingly that complainants’ signatures to the instrument were procured by fraud.</p> <p>Where complainants, owning mill property of which the dam had been swept away, contracted with defendants freely and without fraud, misrepresentation, deceit, undue influence, or coercion that defendants should build a new dam, taking a conveyance of complainants’ land as security for reimbursement, which contract set no limitation on the amount defendants could expend on the dam, the mere fact that after the new dam was under construction it was again swept away did not excuse complainants from performance of their contract on the ground that its performance, by defendants continuing the work, charging complainants again with the cost, would be unconscionable.</p> <p>Where defendants, leasing a mill pond and other property, made complainant lessors promises respecting the uses to be made thereof, and respecting the wealth of persons associated with defendants who were likely to be users of the property, such promises, which were broken, were no ground for relief in equity to complainants seeking cancellation of a subsequent deed to defendants of the property, since a promise to do something in the future is not fraud based on false representations, and the remedy for the breach is solely by action at law.</p> <p>In a suit to cancel a deed, complainants’ motion for the submission to a jury of the questions of fact whether complainants executed the agreement in evidence in the cause, and whether they did not execute it believingrit to be a duplicate of a previous agreement, will be denied, since the jurisdiction of equity to grant the relief prayed fo