Turman v. Holmes

¶1I concur. It may be, and probably is, true that appellant made a bad bargain, but by reason of previous contact and business relations with respondent and the discovery by him of what he considered to be false representations, he should have given consideration to all of this before he entered into the contract upon which he now brings this action. While it is true in cases of fraud and misrepresentation when the parties are not upon an equal footing, and where a second false representation has been made upon which the innocent party relied and upon which he had a right to rely, the courts will afford relief; yet when a party makes a bad bargain with his eyes open and after, as in the instant case, a previous fraud or frauds had been perpetrated upon him by the party with whom he is dealing, the courts cannot afford relief. The previous relations existing between the parties to this litigation were such as to put any reasonable or prudent person, situated as was appellant, upon inquiry as to the verity of any representations the other party to the contract might make. Appellant herein showed a total lack of ordinary care and caution.