Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-01-07

| ing LIZ says ne believed III 10 Oe true
and relied upon it. Suppose he did be-
lieve it to be true, as have said, and
did rely upon it in the broad sense
which he does not say, which he
would not say.
Mr.. Underwood think you will
find that he does say that If it had not
been for such representation he would
not have entered into it.
Mr.. Edmunds. - Let me see II 1t
states so. IL it does | will repeat my
admiring proposition about your au-
dacity. And these petitioners believed
said statement of said Page to be true
and relied upon the same and these
petitioners had no reason for disbeliev-
ing his statement at that time" etc.
| am glad that Mr. Underwood has
called my attention TO it. That does
not come up to the scratch, but it
squints at it, | will admit 1t says,
''were Inducements not that they We're
induced to 90 on with said contract
| by them, but that they were induce
ments. That does not come within
forty rows of apple trees of the propo-
sition | was laying down. They do
not say that they We're the chief in
ducements to enter into the contract
they do not say so, which is essential
and indispensable, in my judgment, to
any relief in suit however constitut-
ed in cause of this kind. That but
for such false representations and re-
lance upon them, a party would not
have entered into the enterprise and
made the contract he did and because
my good friend Governor Smith could
not truly say so, and as he thought he
could not truly say so, he would not
say so. They were inducements.
Yes, so was the prosperous horse AN
inducement \ thousand circum-
stances in all our transactions in life,
your Honor, are inducements to US to
do thing We cannot tell how small
an inducement may be- We enter up
on particular enterprise or transac-
ton every day in our lives where some
minute thing, which Of itself would
neither have led Us or prevented u
from entering upon that enterprise, Is
one of the clements, is of some weight
in influencing US in forming our judy
ment. Everybody knows that. And
50, my learned friend, and no man is
more adroit in the use of language,
which lis chiefly constituted 10 con
ceal our Ideas, says that this was an
inducement. No authority has been
produced, and none can be pro
duces TO maintain, at any time, un-
der any circumstances, an action for
relief upon what is stated in that ans
wer. The answer sets forth simply that
species Of general talk and praise about
property to be disposed of OF leased,
which the custom Of every country
don't praise it or defend 1t, sir; On
ly speak OF law and administration Of
justice and custom of every country,
and am sorry to say, the custom OF
almost every man - allows the Use
OL. Many men do il without intending
to mi>represent or deceive ANYBODY.
Everybody does it almost, and have
no doubt this was done. a. far As the
gentlemen say wa. done, in the answer,
with The same knowledge that nobody
i expected 10 place reliance upon the
putting which people make of the wares
which they have 10 sell And that Is
all this answer sets up. And if 1t set
ont more. aud set out the most mate
rial misrcpr a. TO the actual
and bodily or physical condition OF
the property, which, fOr the sake OF
this point, / viii suppose, il would
have been essential 10 any relief that
Che claimant should clearly state. ia
Bis p.caiin. that that illse state
~ facts, had he known ii. would have
prevented him from entering into the
contract at ail But, a. | said, the
answer IS careful not 10 state anything
OF the kind
The enterprise was for other and for
q wider purpose and no misrepresenta-
ton would ever have been thought Of.
or heard or but for the unfortunate
of the financial revulsion
OF 1872 and 1913. 10y which everythln.
To- the country was thrown on its
beam end, and the business Of rail-
roads, and competing lines, and every
thin. else suffered accordingly. Your
Honor etu see th., was an enterprise
not to De- concluded i'm day. for the
fruits OF this contract were not 10 be
measured by one year. or two years, or
three wears 1ut they were looking for
ward over a large period Of time They
Srre 20 bring tribute from the great
Ne,. and las is down upoh the shores
'f ihc Atlantic they were TO connect
With steamship liaeS upon the ocean,
and with canals and lake lines and
irhcr railroads far over the Interior to
he shores o. the tranquil sea. But
came. and for the time be-
NJ this road, and the Central road and
be other rOa '- were unable 70 show
Aat prosperity and that amount OF
arnings which they had previously
lone and which ia wear OF two. or
hrre more would bee ully up again.