Thompson v. Hardy

Citations

• 19 S.D. 91
• 102 N.W. 299
• 1905 S.D. LEXIS 6

Syllabus

<p>1. Under Civ. Code, §§ 1282-1285, relating to the rescission of contracts, a suit in equity to rescind a contract for the exchange of property, and to recover the property exchanged, may toe maintained -on an ¡offer .of restoration of everything acquired by plaintiffs under the contract, accompanied with a tender into court, before trial of the action, of a good and sufficient deed to the property conveyed to plaintiffs, in return for . ¡She property which 'they are seeking to recover.</p> <p>2. A verdict in an equity case, though merely advisory, -adds great weight to the findings of the court in accordance therewith; and the'Supreme Court will be very reluctant to reverse the findings on .conflicting evidence, sustained by the verdict, unless the clear preponderance of the evidence is against such findings.</p> <p>3. A representation by defendant that he had sold property, which he wished to exchange for plaintiff’s property, for a certain amount of • woney, which representation finally induced plaintiff to make the de-. sired ¡exchange, was a representation of fact, .and, when known by ‘defendant to be grossly false,, entitled plaintiff to a rescission of the contract.</p> <p>4. The representation to plaintiff that he could obtain possession of hotel property, which ’defendant wished to exchange for plaintiff’s farm, wdithinS’O.daj’S, was a representation of.a material fact, where plaintiff was induced to .give up his farm for the sole purpose of engaging in the hotel business, and where defendant knew when he made the representation that there was an outstanding lease on the hotel, which would not expire for over a year.</p> <p>5.'The fact 'that a deed to property showed it to be subject to an outaland- • ■' tag lea'se'di'd not'estop the grantee, as against It he grantor, from relying,on -th® latter’s representations as to the -time within which he could . obtain possession of the property, where the deed was executed by the grantor in another state, and plac