Melville Fuller

“ The court passed upon exceptions embracing the items of damages claimed by way of recoupment set forth in the commissioner's report, and allowed the sum of $7,454, which, with interest to September 2, 1885, made an aggregate of $9,412.20; and that amount, being deducted from the $28,541.70, left a balance of $19,129.50 in favor of the defendant Churchill, trustee, for which the decree was rendered. The dismissal of the cross-appeal dispenses with any inquiry into these allowances, so far as the cross-complainants are concerned. ”

“ They deny that said lands were overflowed several times or at all before said complainant purchased the same, and say that if the lands, or the greater part of them, were ever overflowed, they did not and do not now know it, and that they have been informed and believe that even in the extraordinary overflow of 1882 a considerable part of said lands were not overflowed. They deny making any representations to the plaintiff to induce him to purchase the plantation, or that they made any representations at all in regard to it. ”

“ Turning to the deed, it only purports to convey, and that by specific description, 827.55 acres of cleared land. This deed was given in the middle of March,1882; and it would be entirely unwarranted for us to hold the contents of that instrument to be overthrown by the proof before us, particularly in view of the rule that all preliminary negotiations or agreements were merged in it. ”

“ When the first of the notes given as consideration for the conveyance became due, suit was brought upon it, and on the 7th of November, 1883, Pittman filed his bill in the circuit court of the United States for the southern district of Mississippi against John Churchill, trustee, and Mr. and Mrs. Clark, alleging that fraudulent representations had been made to him in the sale of the plantation and accompanying personal property, and also in the matter of the personalty subsequently purchased from Clark, and asking that the three suits above mentioned be enjoined ”

“ If the purchaser investigates for himself, and nothing is done to prevent his investigation from being as full as he chooses, he cannot say that he relied on the vendor's representations. Development Co. ”

“ J. H. D. B. Owner of the property says 800 acres above overflow; the levee engineer says 500, and all high lands opposite Arkansas City, on Miss. river.' Complainant testifies that he purchased the property on the faith of this statement, and informed Bowmar that he relied 'on all of these representations therein contained as material inducements.' He says he visited the plantation in the latter part of December, after he 'had closed the purchase. ”

“ Myers, 54 Miss. 174, and 56 Miss. 800, the vendor having filed his bill for the foreclosure of his mortgage for the purchase money, the defense of false representations was set up, and it was held that the vendee might recoup in damages (1) the difference in the value of the land, either party being at liberty to show that the actual value was more or less than the land would have been worth if it had answered swered the representations.-the contract price to be taken as the value of the thing as represented, unless a higher or lower value was clearly established ”