500 HIGH COURT OF CHANCERY.

The Court of Appeals of this state in the case of Joyce and
Wife vs. Taylor, 6 G. & J,, 64, said "that if a party under-
takes to make a statement of facts as true, Without a know-
ledge of their truth or falsehood, and they operate to the decep-
tion of the other party, and thereby induce him to do what he
would not otherwise do, it will be avoided. The gist of the
inquiry being, not whether the party making the statement
knew it to be false, but whether the statement made as true,
was believed to be true; and, therefore, if false, deceived the
other party to whom it was made."

These principles relieve the court in this case from the
necessity, always an unpleasant one, of deciding whether the
representations made to the complainant in regard to the ap-
praisement of these slaves, and their condition of bodily health,
were wilful and false assertions, or not. That such represen-
tations were made, and that they were untrue in point of fact,
is to my mind too clearly proved to be disputed successfully.
And I am quite satisfied that reliance was placed by the pur-
chaser upon these representations, and that they influenced his
judgment in making the purchase.

Whether known to the vendor to be untrue, or not, the mis-
representation was of something material, constituting an in-
ducement to the purchaser, and in which he placed confidence,
and was misled to his injury. These afford, according to the
authorities, good ground of relief. 1 Story's Equity, sections
193, 194, 195, 197.

It has been urged, however, in this case, that, especially
with reference to the appraisement of the negroes, the means
of information were equally accessible to both parties, and that
it was the folly of the purchaser not to look at the record and
inform himself.

But the rule, as laid down by Chancellor Kent, vol. 2, sec.
39, page 484, and to which the commendation of Mr. Justice
Story gives additional weight, appeal's to be, that though the
means of correct information be equally open to both parties,
yet, if either of them does or says anything, tending to impose
''upon the other, and he is imposed upon to his injury, the con-
tract will not be allowed to stand.