Contracts Keyed to Summers
Bates v. Cashman
Bates (Plaintiff) and Cashman (Defendant) entered a contract whereby Defendant agreed to purchase the stocks and bonds of Newburyport Cordage Company. These stocks and bonds represented control over real property. During negotiations, Plaintiff represented that Newburyport Cordage Company owned a right of way, which increased the value of the real property substantially. Although Plaintiff was unaware, this representation was untrue. Plaintiff later sued to enforce the contract. Defendant argued that he was induced to sign the contract based on false representations by Plaintiff, and that he was therefore not obligated to perform under the contract.
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