Baskes v. Cushing

CROSBY, J. This is a suit in equity to restrain the defendant from foreclosing a mortgage, and for the rescission of an agreement for the exchange of real estate alleged to have been entered into by reason of fraudulent representations made by the defendant that the yearly rental received from the property conveyed by him to the plaintiff was at least $1,460, and that the property was in good condition. The case was referred to a master who made the following findings: The defendant admitted that he received from the plaintiff a mortgage for $7,000 on the property, but denied all the other allegations of the bill. He represented that the income from his property was $1,416, and that the property was in good condition. The actual income was $1,296 a year. The plaintiff was not permitted by the tenants to inspect the premises before taking title. The mortgage given by the plaintiff to the defendant was foreclosed and the property was purchased by the defendant at the foreclosure sale.