Salter v. Aviation Salvage Co.

Citations

• 129 Miss. 217
• 91 So. 340

Syllabus

<p>1. Fraud. Sales. “Fraud” defined; silence on part of seller alone sufficient to avoid sale.</p> <p>Fraud consists of anything which is calculated to deceive, whether it be a single act or a combination of circumstances, or acts or words which amount to a suppression of the truth, or merely silence, or other artifice by,which a person is deceived, but to constitute a ground for avoiding a sale of personal property, the seller must have been under obligation to speak — mere silence alone not being sufficient.</p> <p>2. Sales. Buyer who received the particular property .purchased not entitled to other property expressly excepted by written contract, on ground of concealment by seller as to his ownership.</p> <p>In a case where the purchaser of personal property was led to believe by the seller that he was getting, by his purchase, all the property of a certain character owned by the seller, and the contract of sale, which was in writing, expressly excepted therefrom certain property which the seller falsely represented to the purchaser that he did not own, when in fact it was owned by the seller, the purchaser is not entitled, under his contract of purchase, to such excepted property on the ground of such concealment by the seller; the latter being under no obligation to inform the purchaser of such ownership, for the reason the purchaser got what he bargained for — such concealment not being to his hurt.</p>