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OTERI v. SCALZO

No. 166.

145 U.S. 578 (1892)

12 S.Ct. 895

36 L.Ed. 824

OTERI, v. SCALZO.

Supreme Court of United States.

Decided May 16, 1892.

Attorney(s) appearing for the Case

Mr. Joseph P. Hornor and Mr. Guy M. Hornor, for appellant.

Mr. George A. King (with whom was Mr. Charles W. Hornor on the brief) for appellee.

MR. CHIEF JUSTICE FULLER delivered the opinion of the court.

Undoubtedly equity has jurisdiction, where a person has been induced, by fraudulent representations, to enter into a partnership, to rescind the contract at his instance, and put an end to it ab initio. Newbigging v. Adam, 34 Ch. Div. 582; Smith v. Everett, 126 Mass. 304; Fogg v. Johnston, 27 Alabama, 432; Story Part. &...

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