COCHRAN ET AL. v. CUMMINGS


4 U.S. 250 (____)

4 Dall. 250

Cochran et al. versus Cummings.

Supreme Court of United States.


Attorney(s) appearing for the Case

Ingersoll, and Heatly, for the plaintiffs.

M. Levy, and Porter, for the defendant.


By SHIPPEN, Chief Justice:

Wherever there is a gross misrepresentation of facts, relating to the subject of a contract, the contract is fraudulent and void. If, therefore, the jury shall be of opinion, that such a misrepresentation was made, in the present instance; they should consider the conveyance as no payment, although the plaintiffs agreed, under the deception, to accept it in satisfaction; and the verdict must be for damages to the whole amount of the demand...

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