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Free Books / Real Estate / American Law Of Real Estate Agency / | ![]() |
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Sec. 629. Assumpsit |
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This section is from the book "American Law Of Real Estate Agency", by William Slee Walker. Also available from Amazon: American law of real estate agency.
An innocent vendor can not be sued in tort for the fraud of his agent in effecting a sale; in such a case the vendee may rescind the contract and reclaim the money paid, and if not repaid may sue the vendor in assumpsit for it, or he may sue the agent for the deceit. Kennedy v. McKay, 43 N. J. L. 288; Volker v. Fisk (N. J. Ch. '09), 72 A. 1011; Sterling v. Bank of Sparta, 136 Wis. 369, 117 N. W. 798.
 
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