A Selection of Cases On Equity Jurisdiction
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Newcome, that a representation which is vague and indefinite is to be treated, by a purchaser, only as a ground for inquiry ; and the doubt in that case is whether the pur- chaser was not justified in concluding that the representation amounted to a statement that the incumbent was eighty-two years of age. Unless the expression used in this case can be considered as a representation that the land in question was not imperfectly, but perfectly, watered, then the expression is vague and indefinit...e ; and, upon the best consideration I can give this case, I think I should strain the meaning of the words " uncommonly rich water meadow land," if I were not to confine the meaning to the quality of the land, and, in that sense, it professes to be nothing more than the loose opinion of the auctioneer, or vendor, as to the obvious quality of the land, upon which the vendee ought not to have placed, and cannot be considered to have placed, any reliance. I lay no stress upon the circumstance that a rent of the land is mentioned in the particular of sale, because it is not a rent fixed by contract with the lessee, but a part of a gross rent paid for the land in question and other prem- ises compiised in the same lease, and is arbitrarily apportioned by the vendor.
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You can find similar books in the "Read Also" column, or choose other free books by Keener, William A. (William Albert), 1856-1913 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Newcome, that a representation which is vague and indefinite is to be treated, by a purchaser, only as a ground for inquiry ; and the doubt in that case is whether the pur- chaser was not justified in concluding that the representation amounted to a statement that the incumbent was eighty-two years of age. Unless the expression used in this case can be considered as a representation that the land in question was not imperfectly, but perfectly, watered, then the expression is vague and indefinit...e ; and, upon the best consideration I can give this case, I think I should strain the meaning of the words " uncommonly rich water meadow land," if I were not to confine the meaning to the quality of the land, and, in that sense, it professes to be nothing more than the loose opinion of the auctioneer, or vendor, as to the obvious quality of the land, upon which the vendee ought not to have placed, and cannot be considered to have placed, any reliance. I lay no stress upon the circumstance that a rent of the land is mentioned in the particular of sale, because it is not a rent fixed by contract with the lessee, but a part of a gross rent paid for the land in question and other prem- ises compiised in the same lease, and is arbitrarily apportioned by the vendor.
What to read after A Selection of Cases On Equity Jurisdiction?
You can find similar books in the "Read Also" column, or choose other free books by Keener, William A. (William Albert), 1856-1913 to read onlineMoreLess
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