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COCHRAN v. Cummings, (1802)

Court: Supreme Court of the United States Number:  Visitors: 6
Judges: By Shippen
Filed: Dec. 01, 1802
Latest Update: Feb. 21, 2020
Summary: 4 U.S. 250 (_) 4 Dall. 250 Cochran et al. versus Cummings. Supreme Court of United States. Ingersoll, and Heatly, for the plaintiffs. M. Levy, and Porter, for the defendant. By SHIPPEN, Chief Justice: Wherever there is a gross misrepresentation of facts, relating to the subject of a contract, the contract is fraudulent and void. If, therefore, the jury shall be of opinion, that such a misrepresentation was made, in the present instance; they should consider the conveyance as no payment, although
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4 U.S. 250 (____)
4 Dall. 250

Cochran et al.
versus
Cummings.

Supreme Court of United States.

Ingersoll, and Heatly, for the plaintiffs.

M. Levy, and Porter, for the defendant.

By SHIPPEN, Chief Justice:

Wherever there is a gross misrepresentation of facts, relating to the subject of a contract, the contract is fraudulent and void. If, therefore, the jury shall be of opinion, that such a misrepresentation was made, in the present instance; they should consider the conveyance as no payment, although the plaintiffs agreed, under the deception, to accept it in satisfaction; and the verdict must be for damages to the whole amount of the demand.

Verdict, accordingly, for the plaintiffs' whole demand.

Source:  CourtListener

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