Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-03-19
I'M THE SUPREME COURT
Solomon j. Liland, Appellant VI
A, X. Tweto, Respondent.

Solomon j.. Liland, Appellant, vs..
A. K. Tweto, Respondent.
1. This case is in the supreme court
for trial de novo ON all the evidence
taken in the trial court. Respon-
dent submits motion to strike out
appellants statement of the case
and abstract ON the ground that ex-
hibits 40 ana g., shown by the alb
stract to have been referred to by
witnesses, are not present in this
court. The certificate of the judge
of the district court shows these ex-
hibits were present and included In
the record certified to the supreme
court but not printed in the abstract
because of the inconvenience of re-
producing them. After full consid-
Grafton of the entire record, this
court is able to say that the pres
ence of neither of said exhibits is
material or necessary to or would In
any manner affect or influence its
decision of the case.
Held: Under these conditions the
motion to strike out the statement
of the case and abstract will mot be
granted
2. While no exact definition Of the
terms confidential relations" and
relations of confidence" applicable
in all cases can be given, such rela-
lions exist when the parties to a
transaction do not meet upon an
equality, one having full knowl-
edge and no ability to acquire full
knowledge, and the innocent person
relies on and places confidence In tho
representations made by the other
party to the transaction.
3. When relations of confidence
exist between the parties to an ex-
change OF property, one of whom
has full knowledge of the character
and condition of the property and
the other but slight knowledge and
no means of obtaining full knowl-
edge, representations as to value of
opinion, If made knowing them to be
false by the party making them AMI
with an intent to deceive the other
party to the transaction, constitute
such fraudulent Misrepresentation
as may warrant a RECESSION of the
contract or transaction.
4. In. an action to rescind con-
veyance of real estate brought by
the grantor against the grantee,
where the consideration received
was stock in corporation the
character and condition and value of
whose assets were known only to-
the grantee AMI cannot be ascer-
tanned by the grantor, the sugges-
ton as fact that the stock was of
a certain value, such suggestion be-
ing made to induce the trade and
without which the transaction would
not have been contaminated, and
male by one who in the mature of
things must have known it to be un-
true, constitute fraud which may en-
title the grantor to a RECESSION of the
transfer.
5. Under the circumstances and |
conditions described in the forego-
ing numbers of this syllabus, the
failure of the owner of the stock to
disclose to the party to whom he
it as a consi Iteration for !
a deed to real estate, the insolvent
of the corporation by
which such stock was issued, he hav-
ing knowledge of its condition, is a
of the truth which may
entitle the grantor to a RECESSION Of
his dee1.
6: To work a ratification of a con-
tract or transfer induced by fraud,
which will defeat the innocent
party's right to a RECESSION, the in
nocent party must have done some
- A..1H !