Stewart v. Monad Engineering Co.

Citations

• 26 Del. 165
• 3 Boyce 165
• 84 A. 209
• 1912 Del. LEXIS 16

Syllabus

<p>1. Contracts—Fraud—Evidence.</p> <p>Fraud, as a defense to an action on a contract, will not be presumed.</p> <p>2. Sales—Fraud—Question of Law—Sales.</p> <p>The existence of actual fraud is a question of fact; but what constitutes such fraud as will vitiate a contract for a sale of personal property is a question of law for the court.</p> <p>3. Sales—Contract—Validity—Fraud.</p> <p>That the buyer of stone falsely states that it is not to be used on a particular job, for which the seller has bid unsuccessfully is not such fraud as will entitle the seller to refuse to perform, though the seller would not have made the contract if he had known for what purpose the stone was purchased.</p> <p>4. Sales—Breach of Contract—Evidence.</p> <p>In an action for the seller’s failure to perform his contract, where his defense was that the buyer misrepresented its financial standing, evidence held to show that the buyer paid its debts and was in good credit.</p>