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Torts Keyed to Henderson
Adams v. Gillig
Facts
Catherine Adams (Plaintiff) owned several lots of land in Buffalo. The neighborhood near her lots are exclusively residential. Alexander L. Gillig (Defendant) wanted to purchase part of the vacant lot on Elmwood Avenue. Defendant stated to Plaintiff his intention was to purchase the land for residential purposes. Defendant re-stated this same intention of building dwellings (single or double homes) on the land to Plaintiff’s agents and agent representatives. Plaintiff believed Defendant’s statements were true and relied upon them. Plaintiff executed and delivered the deed to Defendant in exchange for $5,525 in consideration. Defendant’s representations were made falsely and fraudulently and he intended to deceive Plaintiff. His true intentions were to build a public auto garage on the land. Just one day after receiving the deed, Defendant asked his architect to begin the plans for the garage and less than two weeks after that Defendant entered into a contract with defendant contractors Frank C. Kempf and Nicolas Kempf (George Kempf Sons). Plaintiff tried to get her property back from Defendant. He refused. Plaintiff’s additional lots of land would decrease in value if the garage was built. Plaintiff sued Defendant(s). Referee ordered the land be re-conveyed to Plaintiff and the Appellate Division affirmed. Defendants appealed.
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