Richardson v. Horn

Citations

• 13 Del. 26

Syllabus

<p>Pleading—Evidence— Contract—Fraud.</p> <p>Under the plea of payment, the defendant must prove payment, otherwise judgment will be rendered in favor of the plaintiff, if there be no other defence.</p> <p>Evidence of fraud in obtaining a contract will be admitted under the plea of nil debet. A contract obtained upon false representations made with a fraudulent design, with intent to deceive the party making it and he having entered into the same by reason of such deception, may be recinded, if steps be taken for that purpose within a reasonable time after discovery of the alleged fraud.</p> <p>If the defrauded party does not wish to rescind the contract, he may bring an action of deceit and recover damages for the fraud practiced upon him.</p> <p>The lessee of a mill property has a reasonable time to ascertain whether the mill and machinery connected therewith are capable of doing the work represented by the owner, and if found incapable, the contract may be rescinded at once. Two or three weeks is a sufficient time for this investigation.</p> <p>Mere commendation of property by the owner, such as vendors usually make, cannot be termed such a fraudulent representation as would be sufficient for rescinding the bargain. The purchaser or lessee of property must, to some extent at least, use his eyes in dealing for property before him.</p>