“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.