Hopkins' Selected Cases On the Law of Contracts

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This contract and delivery were suffi- cient in law to vest the property in Martin, and make a good title, if not tainted by fraud.
But being tainted by fraud, as between the immediate parties, the sale was voidable, and the vendors might avoid it and reclaim their property. But it depended upon them to avoid it or not, at their election. They might treat the sale as a nullity and reclaim their goods; or affirm it and claim the price. And cases may be imagined, where the vendor, notwithstanding
... such fraud, practised on him, might, in consequence of obtaining security, by attachment or otherwise, prefer to affirm the sale. The consequence therefore is, that such sale is voidable, but not absolutely void.
The consent of the vendor is given to the transfer, but that consent being induced by false and fraudulent representations, it is con- trary to justice and right, that the vendor should suffer by it, or that the fraudulent pur- chaser should avail himself of it; and upon this ground, and for the benefit of the vendor alone, the law allows him to avoid it.


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