Opinion

Smith v. Richards

  • 38 U.S. 26
  • 13 Pet. 26
  • 10 L. Ed. 42
  • 1839 U.S. LEXIS 411
Court
Supreme Court of the United States
Filed
Feb 18, 1839
Status
Published
Author
McLean
On the bench
Barbour, Story, McLean, Baldwin
Cited by
108 cases

“If, indeed, a man . . . make[s] a false representation, whether knowingly or not, by means of which he puts the party bargaining under a mistake upon the terms of the bargain, it is a fraud, and relievable in equity.” (citing 1 Maddock’s Chancery 208 (1817))

How later courts described this case

  • “If, indeed, a man . . . make[s] a false representation, whether knowingly or not, by means of which he puts the party bargaining under a mistake upon the terms of the bargain, it is a fraud, and relievable in equity.” (citing 1 Maddock’s Chancery 208 (1817))
  • “In 1 Maddock’s Chancery, 208, it is thus stated. If, indeed, a man, upon a treaty for any contract, make a false representation, whether knowingly or not, by means of which he puts the party bargaining under a mistake upon the terms of bargain, it is a fraud, and relievable in equity.”
  • in an action “to set aside a contract for fraud” a “misrepresentation must be of something material”

Written by the judges who cited it.

The opinion

Mr. Justice McLean

dissented, stating that he agreed.altogether with Mr. Justice' Story.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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