Lowe v. Trundle

Citations

• 78 Va. 65
• 1883 Va. LEXIS 10

Syllabus

<p>1. Fraud-Rescission-If one represents as true what he knows is false, in such way as to induce a reasonable man to believe it, and the representation is meant to be acted on, and he, to whom the representation is made, believing it true, acts on it, and thereby sustains damage, there is fraud to support an action of deceit at law, and to found a rescission of the transaction in equity.</p> <p>2. Idem-Actual or constmctive-Whether the misrepresentation is made innocently, or knowingly, if acted on, the effect is the same. In the one case, the fraud is actual; in the other, it is constructive.</p> <p>3. Idem-Inadequate consideration-Mere inadequacy of consideration is not of itself sufficient for rescission of a contract, unless so gross as to shock the conscience and astound the judgment of a man of common sense, in which case it will of itself create a presumption of fraud.</p> <p>4. Idem-Misrepresentation may be relied on-One to whom a representation has been made, is entitled to rely on it quoad the maker, and need make no further inquiry.</p> <p>5. Idem-Case at bar-Circumstances of misrepresentation furnishing grounds for rescinding an assignment of judgments worth $1,350 in consideration of $200.</p>