The assignees of A. proposed to sell to B. a piece of land, with all faults and defects. Before any conveyance was executed, the latter asked the assignees whether any rent had ever been paid for the land. They replied, none had been paid by the bankrupt, or by any person under whom he claimed. In fact, rent had been paid by the person who had sold the land to the bankrupt. That person having recovered possession of the lands, it was held, in an action brought against the assignees to recover back the purchase-money, that it was properly left to the jury to say, whether the assignees, at the time when they represented that no rent had been paid bona fide believed that to be true, and the jury having found that they did; it was held, that the plaintiff was not entitled to recover back the purchase-money.
Citations:
[1829] EngR 61, (1829) 9 B and C 928, (1829) 109 ER 345
Links:
Jurisdiction:
England and Wales
Land
Updated: 02 May 2022; Ref: scu.321929
