The Law of Fraud : And the Procedure Pertaining to the Redress Thereof
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Taylor, 14 Ves. 263; Lewes w. Morgan, 5 Price, 56.
2 Mootham v. Hale, 3 "Ves. & B. 92.
* Featherstone ». Cooper, 9 Ves. 68.
* Dyott V. Anderton, 3 Ves. & B. 178.
' Costigan v. Hastier, 2 Schoales & L. 165; 1 Hovenden, Fraud, 49.
222 PEESUMPirVB oe constetjctive peatjd. [ch. t.
In the case of a contract by an attorney to purchase his client's property, a confirmation which shall entitle the at- torney to a specific performance of the contract must be strong and plain, and with full knowledge of ...the infirmity of the contract. And this' is the case even where the property, the subject of the contract, being one of many lots to be sold at auction, the buyer (the attorney), openly became a bidder, in competition with others, and had the particular property knocked down to him in the usual manner; provided, of course, he was concerned in the auction professionally, as attorney of the vendor. And even in such a case, in order to afPect the vendor with the usual consequences of acquies- cence or confirmation, it is necessary to show that, when act- ing in the manner alleged against him, he was free from the attorney's influence, and aware of every thing affecting his interest.^ It need scarcely be said that the right of the client against his attorney, in cases such as we have been considering, is a personal one only, pertaining exclusively to the client, and to his assignees and representatives.
What to read after The Law of Fraud : And the Procedure Pertaining to the Redress Thereof?
You can find similar books in the "Read Also" column, or choose other free books by Bigelow, Melville Madison, 1846-1921 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Taylor, 14 Ves. 263; Lewes w. Morgan, 5 Price, 56.
2 Mootham v. Hale, 3 "Ves. & B. 92.
* Featherstone ». Cooper, 9 Ves. 68.
* Dyott V. Anderton, 3 Ves. & B. 178.
' Costigan v. Hastier, 2 Schoales & L. 165; 1 Hovenden, Fraud, 49.
222 PEESUMPirVB oe constetjctive peatjd. [ch. t.
In the case of a contract by an attorney to purchase his client's property, a confirmation which shall entitle the at- torney to a specific performance of the contract must be strong and plain, and with full knowledge of ...the infirmity of the contract. And this' is the case even where the property, the subject of the contract, being one of many lots to be sold at auction, the buyer (the attorney), openly became a bidder, in competition with others, and had the particular property knocked down to him in the usual manner; provided, of course, he was concerned in the auction professionally, as attorney of the vendor. And even in such a case, in order to afPect the vendor with the usual consequences of acquies- cence or confirmation, it is necessary to show that, when act- ing in the manner alleged against him, he was free from the attorney's influence, and aware of every thing affecting his interest.^ It need scarcely be said that the right of the client against his attorney, in cases such as we have been considering, is a personal one only, pertaining exclusively to the client, and to his assignees and representatives.
What to read after The Law of Fraud : And the Procedure Pertaining to the Redress Thereof?
You can find similar books in the "Read Also" column, or choose other free books by Bigelow, Melville Madison, 1846-1921 to read onlineMoreLess
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