The failure of the purchaser to disclose material facts to the vendor, does not amount to fraud either at law or in equity if relations of special trust and confidence do not exist between the parties.103 The contract will not be set aside because the purchaser did not inform the vendor as to the number of acres in the tract sold,104 or that a large manufacturing establishment was to be located in the neighborhood,105 or a railroad is to be built near the land.106 value of the land to the owner residing outside of the State of Michigan, it was held that the false representation of the plaintiff was a bar to his action for specific performance. Swimm v. Bush, 23 Mich. 99.

101. Graham v. Moffett, 119 Mich. 303.

102. Dunks v. Fuller, 32 Mich. 242. Representations made by defendant that certain land was worth a large sum of money, that the defendant had conveyed the land to one Davis who had made a down payment of $12,000 in cash and had given two first mortgages for the balance, and that the said Davis was a man of property and that the balance could be collected from the said Davis; and that there were no other mortgages or liens upon the property, whereby the plaintiff was induced to exchange certain real estate for the two mortgages upon the property sold by defendant to Davis and the plaintiff later discovered that all these representations were false, the court held that the plaintiff was entitled to have the exchange set aside in equity. Goodrich v. Smith, 87 Mich 1.

103. Burt v. Mason, 97 Mich. 129; Williams v. Spurr, 24 Mich. 335.

104. Eichelberger v. Barnitz, 1 Yeates (Pa.) 307.

105. Standard Steel Co., v. Stamm, 207 Pa. St. 419, 56 Atl. 954.

106. Burt v. Mason, 97 Mich. 127, where it was held that no legal or moral obligation rests upon the proposed purchaser of land to inform the owner of the prospective construction of a railroad to a point near the land, and the concealment of such information can not be re-

Where both parties know that there are iron deposits on the land, the vendor cannot complain because the purchaser represents that he desires the land for the timber thereon.107