A Practical Treatise On the Law Relating to the Specific Performance of Contracts

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Accommo- dation indorsers of a bill, took from the debtor a deed of trust to a trustee as security. After the bill was negotiated, they indorsed a new bill, and agreed 406 MISREPRESENTATION, FRAUD, OR MISTAKE. §§ 295, 296.
§ 295. When party not entitled to relief. — The rule under consideration is to be taken with this qualification, that when the complainant has been overreached by the respondent in a material degree, by impositions, conceal- ments, or misrepresentations, on which the complain
...ant properly relied, he is entitled to relief, unless there has been great and unexpected delay in seeking it, or there is an adequate remedy at law, or a condition of the property in controversy which renders it impracticable for the court, on any sound principle, to grant redress.' In such case, all the circumstances, and the character and relations of the parties, are proper subjects of inquiry." If between the time of making the contract and applying to rescind it great changes have taken place in the value of the property, the lapse of time is an important consideration.

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