Oliver Wendell Holmes, Jr.

Summary

Oliver Wendell Holmes, Jr. Isobel Lenman v. Thomas Railroad Jones…

Jones and his company were under no obligation to disclose their interest, in the absence of fraud, which there is not the slightest ground to suggest. It also is urged that the defendant, when she signed the instrument, thought that it merely gave an option. This is an immaterial afterthought. If she did not know what she was doing, she had only herself to thank, but no even one-sided mistake is proved.
Source: Wikisource

Oliver Wendell Holmes, Jr. Isobel Lenman v. Thomas Railroad Jones…

Wilhoite sold to the plaintiff, the appellee, all her rights under her contract with the appellant, and it now is urged that Jones was not an assignee, but a subpurchaser, and cannot recover on the allegations of the bill as they stand. There is a suggestion, as little warranted as those that we have mentioned, that the form of the bill also manifests bad faith. But the argument is mainly on the technical point that the proofs fail to sustain the allegations. We do not see the failure.
Source: Wikisource

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