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Bates v. Cashman

Supreme Judicial Court of Massachusetts

119 N.E. 663 (1918)

Relevant factsFree

Bates (plaintiff) and Cashman (defendant) contracted for Cashman to purchase stocks and bonds representing control of real property owned by Newburyport Cordage Company. During negotiations, Bates represented that the company owned a right of way that substantially increased the property's value; unbeknownst to Bates, this representation was false. When Bates later sued to enforce the contract, Cashman argued he was induced to sign based on Bates's false representation and should not be bound.

IssueFree

Whether a party to a contract is entitled to rescission where he relied on the other party's innocent misrepresentation of a material fact.

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