Clark Against Baird.

Summary

The New York Court of Appeals affirmed the judgment for the plaintiff, holding that a purchaser may maintain an action for fraud when the seller misrepresents land boundaries, that fraud may be proved by circumstantial or presumptive evidence, and that a deed's described monuments control the boundary despite contrary parol evidence. The court also held that a witness acquainted with the property may give a competent opinion on its value for purposes of assessing damages.