COCHRAN v. Cummings

4 U.S. 250, 1 L. Ed. 820, 4 Dall. 250, 1802 U.S. LEXIS 96

• Court: Supreme Court of the United States
• Decided: December 1, 1802
• Status: Published

Opinion

4 U.S. 250 (____) 4 Dall. 250

Cochran et al.
versus
Cummings.

Supreme Court of United States.

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.

Verdict, accordingly, for the plaintiffs' whole demand.