Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-07-10

! improvements were either made or
abandoned in bad faith.
The respondent interposed a gen
eral demurrer, and thereupou the
cause was duly argued and considered
Whatever legal rights the parties
to contract for sale of real estate may
have, the crushing weight of author
ity is that the contract cannot be can
celed on the ground of fraud except
for material Misrepresentation or
ConCealment of Il present existing fact
In the early case of Harrington VS.
Rutherford the Sunrcnoe
Court of Florida held that failure to
comply with promises to be fulfilled in
the future did not constitute such
fraud. And this ruling has thence
forth been followed in this State
There is a conflict in the authorities
as to whether the abandonment of a
program of building and public i'm.
provement works n fraud upon the
purchaser; but in those cases holding
that it does. there is the element Of
fraudulent intent at the time the
promise was made not to comply
with it.
The bill of complaint relates to q
transaction within what is known in
Florida as the boom period and de.
Scribes an ambitious development of
which the court takes judicial notice,
because it involved the building of a
city within Duval County and outside
OF Jacksonville. From the allegations
of the bill it is apparent that there
was wild enthusiasm on the part of
the men who were promoting the de-
velopment.
Vast sums of money were spent
in improvements. The promoters ex-
npcfad
selves and splendid profits for their
purchasers. The complainant and
many others imbibed this enthusiasm
and bought lots.
Then Boom Collapsed.
Then the boom collapsed. The pur.
chasers stopped paying on their con
tracts. The Improvement program
had to be suspended. Quite naturally.
and humanity, the purchasers would
ilke to be relieved of their obligations
and get their money back. But the
bill of complaint alleges nothing that
In the law constitutes fraud
transactions of the kind here in.
VOWED are of peculiar recurrence.
During the slumps the purchasers
want to avoid their contracts and get
their money back. as in this instance.
But the slump will pass, as all earth.
~ tuiHSS 40, interest IN san Jose will
be revived. demand will stiffen, prices
will go up, and delinquent purchasers
Will then bring suit to avoid the for
fixture of their contract.
The law cannot follow these fiuctua.
lions, but must hold to it's settled poll
Icy that promises made without bad
faith are not Il basis of fraud 1t is
common knowledge that human hope
nearly always aims higher than it
hits, and men are prone to make
promises to the extent of their hopes.
Other men in dealing with them
know this. and cannot be heard to
say that the unfulilled promise was
fraud, unless it be also alleged and
shown that there never was any bona
ede intention of fulfilling the promise.
Demurrer Is Sustained.
"Such would be the law even if the
contract were silent as to extraneous
promises. But the parties seem to
have forgotten that there might be
chickering's as to what was promised
or represented. and stipulated be-
tween themselves; that if there were
any such promises or representations
by any one they should not be bind
ing, and that the whole contract was
embraced in the written documents.
This is the legal effect of the words
already quoted from the contract.
THE demurrer will be sustained"