Hand book of the Law of Sales By Francis B Tiffany
Hand book of the Law of Sales By Francis B Tiffany
Tiffany, Francis B. (Francis Buchanan), 1855-1936
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623; Clark, Cont. 341. *9 Langridge v. Levy, 2 Mees. & W. 519. 80 Cases cited In note 48. 61 Gerhard v. Bates, 2 El. & Bl. 476, 22 Law J. Q. B. 364. »a Pol. Cont. 528. B8 Safford v. Grout, 120 Mass. 20; McAleer v. Horsey, 35 Md. 439; Ruff T. Jarrett, 94 111. 475; Moline-Milbum Co. Y. Franklin, 37 Minn, 137, 83 ^. W. 323; Clark, Cont 344. 118 MISTAKE, FAILURE OF CONSIDERATION, AND FRAUD. [Ch. 5 if the representation was such tliat it might induce the other party to enter into the contract on the... faith of it, he will be pre- sumed to have acted in reliance upon it" And, if he actually relies upon the representation, the fact that he had means of knowledge which, if used, would have led to a discovery of the untinith will not bar him of his remedy. "' But, however false or dishonest the representations may be which are used to induce a party to enter into a contract, they do not constitute a fraud if he is not deceived; for under such circum- stances the inducement or motive is not the representations, which are not believed, but some independent motive.
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