Another case may be stated of a man who was desirous of purchasing a
picture, supposing that it was once in the collection of an eminent
man
Another case may be stated of a man who was desirous of purchasing a
picture, supposing that it was once in the collection of an eminent
man. The seller knew perfectly well that the picture did not come from
that collection and that the buyer was acting under a delusion. He did
not say that the picture had belonged to the collection or had not; he
was silent, although he knew that the buyer would not purchase it if
he knew the truth about its former ownership. For some reason or other
the buyer did not make any inquiry of the seller, or if he did was not
told. But after purchasing the picture the buyer learned that he was
mistaken and that the seller knew this at the time of making the sale.
He sought to recover the money he had paid and succeeded, the court
saying that a fraud had been practised upon him; that it was the duty
of the seller, knowing what was passing in the mind of the buyer, to
have told him the truth about the former ownership of the picture.