The general rules in relation to misrepresentation and fraud are equally applicable in cases where the purchaser is the party guilty of making the false statement, subject to the qualification that the vendor has ordinarily special means of knowledge concerning the nature, condition, and quality of the land, and is therefore not to be deceived by such false representations. Actual fraud on the part of the purchaser entitles the vendor to rescind.96

Sec. 221. As To Area

A false statement by the purchaser concerning the area of the land contracted for is ordinarily a statement of a matter equally within the knowledge of the vendor, and does not constitute fraud or misrepresentation.97

Sec. 222. As To Title

False representations by the purchaser as to title to the land may be ground for rescission,98 but not when they are mere expressions of opinion nor where the vendor does not rely on them or the circumstances are not such as to entitle them to rely on them.99

Sec. 223. As To Value Of Land

A false statement by the purchaser as to the value of the land is generally a statement of opinion concerning a matter equally within the vendor's knowledge and does not constitute fraud or misrepresentation; but the contract may be avoided where the vendor lives at a distance, and there is concealment of material facts coupled with misrepresentations that prevent investigations.100

95. Lion v. Henry Bradford & Co., 209 Mich. 172, and cases cited.

96. Garr v. Alden, 139 Mich. 440.

97. Marshall v. Lewis, 4 Litt. (Ky.) 140.

98. Smith v. Woodson (Ky.), 92 S. W. 980.

99. Saltonstall v. Gordon, 33 Ala. 149.

100. Garr v. Alden, 139 Mich. 440; Storrs v. Scougale, 48 Mich. 387.

In an action for specific performance of a written contract for the sale of a farm in Michigan where the plaintiff falsely represented the

Sec. 224. As To Thing Of Value Given For Land

The purchaser has ordinarily special means of knowledge concerning the thing which is to be given in exchange for the land, and a false representation by him concerning such thing of value may amount to fraud or misrepresentation. Where the land is conveyed for stock in a corporation, fraudulent representations as to the stock or notes is ground for rescission.101 A conveyance of land included by fraudulent representations as to a patent will be set aside at the instance of the vendor.102