Active concealment of material facts, as distinguished from innocent non-disclosure, amounts to fraud.1 Thus fraud was held to exist where a judgment of over seven thousand dollars was bought for four hundred dollars, the vendee not disclosing that the judgment debtor was dead, leaving

5 Atlas Shoe Co. v. Bechard, 102 Me. 197, 10 L. R. A. (N.S.) 245, 66 Atl. 390.

6 See ch. XIV.

1 Crocker v. United States, 240 U. S. 74, 60 L. ed. 533; In re Collins, 242 Fed. 975 [decree affirmed, Jones v. H. M. Hobbie Grocery Co., 246 Fed. 431, 158 C. C. A. 495]; Baham v. Bach, 13 La. 287, 33 Am. Dec. 561; Hartwell v. Gurney, 16 R. I. 78, 13 Atl. 113; Robinson v. McKenna, 21 R. I. 117, 79 Am. St. Rep. 793, 42 Atl; 510.

2 See Sec. 284.

3 Peterson v. Bank, 52 Pa. St. 206, 91 Am. Dec. 146.

4 Hartwell v. Gurney, 16 R. I. 78, 13 Atl. 113.

5 Baham v. Bach, 13 La. 287, 33 Am. Dec. 561.

6 Crocker v. United States, 240 U. S. 74, 60 L. ed. 533; American Shipbuilding Co. v. Commonwealth S. S. Co., 215

Fed. 296; Ripley v. Jackson Zinc & Lead Co., 221 Fed. 209, 136 C. C. A. 619.

7 Billig v. Goodrich, 199 Mich. 423,165 N. W. 647.

8 Harriman National Bank v. Seldom-ridge, 249 U. S. 1, 63 L. ed. - .

9 See Sec. 298, 301.

1 United States. Southern Development Co. v. Silva, 125 U. S. 247, 31 L. ed. 678; Stewart v. Ranche Co., 128 U. S. 383, 32 L. ed. 439; Tooker v. Alston, 159 Fed. 599, 86 C. C. A. 425, 16 L. R. A. (N.S.) 818.

California. Wainscott v. Loan Association, 98 Cal. 253, 33 Ac. 88.

Illinois. Kenner v. Harding, 85 III. 264, 28 Am. Rep. 615.

Kentucky. Bowman v. Bates, 5 Ky. (2 Bibb.) 47, 4 Am. Dec. 677.

Massachusetts. Brady v. Finn, 162 Mass. 260, 38 N. E. 506.

Michigan. Fred Macey Co. v. Macey, an estate worth six thousand dollars;2 where a vendor of personalty Packed it so as to conceal defects;3 or where the vendor of a ship launched it so as to conceal defects which would have been discovered otherwise;4 where a vendor of a horse affected with glanders said that it had distemper, a much less serious disease, which explained the apparent symptoms;5 or where the vendor hitched his horse short to keep him from "cribbing" and explained it by saying that it was done to keep the horse from rubbing his saddle;6 where vendor warned vendee that a mule kicked, and thereby prevented an examination that would have disclosed malformation and lameness;7 or vendor requests vendee not to inquire of vendor's foreman, and thereby prevents vendee from learning of a misstatement as to the number of cattle branded in the previous year.8 So fraud exists where vendee kept vendor's agent from notifying vendor of the discovery of a salt spring on vendor's land, the vendor living in another state, by representing that he had sent a messenger five days before to buy the land;9 or where vendee discovered Luray Cavern on land offered at public sale, and sealed up the mouth of the cavern, and said it was a mud-hole;10 or where a part-owner of a mine covered up a rich vein of

143 Mich. 138, 5 L. K. A. (N.S.) 1036, 106 N. W. 722.

Missouri. Gottschalk v. Kircher, 109 Mo. 170, 17 S. W. 905.

Nevada. Gruber v. Baker, 20 Nev. 453, 9 L. R. A. 302, 23 Ac. 858.

New Jersey. Clark v. Clark, 55 N. J. Eq. 814, 42 Atl. 98.

North Carolina. E. F. Main Co. v. Field, 144 N. Car. 307, 119 Am. St. Rep. 956, 11 L. R. A. (N.S.) 245, 56 S. E. 943.

Pennsylvania. Brotherton v. Reynolds, 164 Pa. St. 134, 30 Atl. 234.

Virginia. Merchants' Bank v. Campbell, 75 Va. 455; "mere silence is quite different from concealment; aliud est tacere, aliud celare;" Stewart v. Ranche Co., 128 U. S. 383, 32 L. ed. 439 [quoted in Farrar v. Churchill, 135 U. S. 609, 34 L. ed. 246]. "Aliud est celare, aliud tacere;" Roseman v. Can-ovan, 43 Cal. 110, 118. For the effect of innocent non-disclosure, see Sec. 385 et seq.

2 Gottschalk v. Kircher, 109 Mo. 170, 17 S. W. 905. (Vendee further represented that the judgment debtor was alive and execution-proof.)

3 Roseman v. Canovan, 43 Cal. 110 (sale of wool in sacks); Singleton v. Kennedy, 48 Ky. (9 B. Mon.) 222 (sale of cotton bagging of inferior grade "plated" with that of standard grade).

4 Schneider v. Heath, 3 Campbell 506.

5 George v. Johnson, 25 Tenn. (6 Humph.) 36, 44 Am. Dec. 288; Howard v. Gould, 28 Vt. 523, 67 Am. Dec. 728.

6 Croyle v. Moses, 90 Pa. St. 250, 35 Am. Rep. 654.

7 Kenner v. Harding, 85 III. 264, 28 Am. Rep. 615.

8 Stewart v. Ranche Co., 128 U. S. 383, 32 L. ed. 439.

9 Bowman v. Bates, 5 Ky. (2 Bibb.) 47, 4 Am. Dec. 677. (Vendee did not disclose the existence of the spring and bought the land for perhaps one per cent, of its value.)

10 Merchants' Bank v. Campbell; 75 ore that had just been discovered, and bought out the interest of a part-owner for much less than its real value.11 If the owner of a mine which is practically worked out conceals the extent of the excavation by placing boards across a part of it, and covering such boards with earth, such concealment is fraud for which such contract may be set aside.12 Fraudulent concealment of plans and specifications by which a contractor is misled as to the amount of work to be done is fraud.13

Active concealment of the kinds set forth has been held to be fraud, both at law,14 as in an action of deceit,15 or in equity in an action of rescission.16