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New Jersey Equity Reports Volume 52

New Jersey Equity Reports Volume 52


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 edition. Excerpt: ...Torrey v. Bank of Orleans, 9 Paige 6'50, -Dobson v. Racy, 3 Sandf. Oh. 60; Taylor v. Salmon, 4 Myl. & C. 138, -Wilson v. Ha1't, 1 J. B. Moore 45; Lees v. Nntall, 1 Russ. & J1. 53, -Maclean v. Dunn, 4 Bing. 7'22, -Parlcist v. Alexander, 1 Johns. Ch. 397, Ooles v. Trecgthiclc, 9 Ves. 244, 245, -Lord Selseg v. Rhoacles, 2 Sim. & S. 50; Purcell v. McNamara, 14 Ves. 91; Orowe v. Ballard, 3 Brown Oh. 104, 120; Massey v. Davies, 2 Ves. 317'. But our own courts have had this very question under consideration. Marsh v. Buchan, 1 _Dick. Oh. Rep. 595: An agent who assumes to act for the vendee in the sale of land is bound to disclose to the vendee his existing agency for the vendor, and such failure to disclose is a fraudulent concealment of a material fact. A written contract of sale procured by the agent without this disclosure will not be specifically enforced, even though the price is shown to be a fair one and the vendor is ignorant of his agent s fraud. This principle had the support of the court of errors and appeals. lllarsh v. Buchan, 1 Dick. Ch. Rep. 6'04; Young v. Hughes, 5 Stew. Eq. 383. The effect of concealment and neglect of duty such as this upon the transaction, so far as Warren is concerned, does not all depend on the question whether or not the result was injurious to the principal. The contract is affected by the misconduct of the agent from considerations of public policy rather than of injury to the principal. The rule which applies to trustees has been equally applied to the relations between the real estate broker and his principal. It matters not that there is no fraud meditated and no injury done. The rule is not intended to be remedial of actual wrong, but preventive of the possibility of


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Product Details
  • ISBN-13: 9781234193515
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 338
  • Spine Width: 18 mm
  • Width: 189 mm
  • ISBN-10: 1234193515
  • Publisher Date: 15 Jan 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 603 gr


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