 | Great Britain. Court of Chancery, Clement Tudway Swanston - Equity - 1822 - 648 pages
...f'raudulent? I am not apprised of any such decision, but I agree with the Master of the Rolls, that if one party makes a representation which he knows...of knowing, this Court will rescind the contract. In principle, therefore, the decree is right, though it seems to have gone too far on the subject of... | |
 | Great Britain. Court of Exchequer, Edward Younge - Equity - 1833 - 658 pages
...not apprised of any such decision; but I agree with the Master of the Rolls, that if one party make a representation which he knows to be false, but the falsehood of which the other party has no means of knowing, this Court will rescind the contract." In a case of direct fraud, as that... | |
 | Solomon Atkinson - Land titles - 1838 - 356 pages
...such decision; but I r ^ -. -, agree with the Master of *the Rolls, that if one party makes *- J ' a representation which he knows to be false, but the...of knowing, this Court will rescind the contract. In principle, therefore, the decree is right; though it seems to have gone too far on the subject of... | |
 | Great Britain. Parliament. House of Lords - Law reports, digests, etc - 1842 - 1024 pages
...not apprised of any and others, such decision, but I agree with the Master of the Rolls .~^ H that if one party makes a representation which he knows...of knowing, this Court will rescind the contract." The expression of Lord Eldon, that he " was not apprised of any such decision," is not immaterial.... | |
 | Great Britain. Court of Chancery, Edward Younge, John Collyer - Equity - 1844 - 712 pages
...fraudulent? I am not apprised of any such decision; but I agree with the Master of the Rolls, that if one party makes a representation which he knows...of knowing, this Court will rescind the contract." Neither of these great Judges appears to require the establishment of an intention actually fraudulent... | |
 | Edward Burtenshaw Sugden - Real property - 1849 - 830 pages
...which the Court uses the term fraudulent. He (Lord Eldon) agreed with the Master of the Rolls that if one party makes a representation which he knows...falsehood of which the other party had no means of know' ing, the Court would rescind the contract. The Vice Chancellor, in conclusion, thought that if... | |
 | Great Britain. Court of Chancery - Equity - 1850 - 652 pages
...fraudulent? I am not apprised of any such decision; but I agree with the Master of the Rolls, that if one party makes a representation which he knows...of knowing, this Court will rescind the contract." Neither of these great Judges appears to "require the establishment of an intention actu- [*577] ally... | |
 | Solomon Atkinson - Contracts - 1853 - 562 pages
...fraudulent? I am not apprised of any such decision ; but I agree with the Master of the Rolls, that, if one party makes a representation which he knows...of knowing, this Court will rescind the contract" conveyance In Small v. Attwood (p), the suit was to set aside the although ' contract for the sale... | |
 | Aubrey St. John Clerke, Hugh McNab Humphry - Conveyancing - 1885 - 646 pages
...fraudulent ? I am not apprised of any such decision, but I agree with the Master of the Eolls, that if one party makes a representation which he knows...of knowing, this Court will rescind the contract" : Edwards v. M'Lcay, 2 Sw. 287, 289. It must not, however, be supposed that the same degree of Rescission... | |
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The case resolves itself into this question, whether the representation made to the plaintiff was not, in the sense in which we use the term, fraudulent ? I am not apprised of any such decision; but I agree with the Master of the Rolls that, if one party... 
