case thomas BRERETON Appellant thomas COWFERRespondent that march Mews dig  thirteen wilful misrepresentation of the yearly value of a estate be a good  reason for a court of equity to refuse decree a specific performance of a  contract for the sale of it in the month of July the appellant be at Chester  the respondent propose to sell he a estate lie at Huntington in the county of  Chester which he represent to be of the yearly value of pound S and to induce  the appellant to believe such representation and treat for the purchase the  respondent produce to he a counterpart of a lease then late make by the  respondent to one Thomas Wilkinson for the term of seven year at the reserve  rend of pound S per and upon which lease a receipt for pound be endorse  whereby it appear to the appellant that pound in part of the first year rend  have be pay by the tenant and that the full rend of pound S per and be to be  pay without any deduction allowance or abatement during the say term of seven  year the appellant rely on the fairness of the respondent and not suspect any  fraud in grant the say lease nor in the least doubt but that the estate be of  the full yearly value of pound S be unadvised draw in to contract for the  purchase brown thereof at the price of pound which be forty one year purchase  and upward and a memorandum be thereupon reduce into write in the follow word  videlicet July the d it be agree that Mr Brereton shall give to Mr Cowper for  his estate in Huntington pound this be sign by both party the appellant pay  the respondent pound in part of the purchase money on the next day article be  prepare and execute by the appellant and respondent whereby the respondent  agree within one month then next to convey the premise to the appellant and  his heir free from all encumbrance except a yearly rend of pound S d in  consideration whereof the appellant agree to pay the respondent pound upon his  execute the conveyance which with the pound before pay and a note give for  pound make up the say pound the appellant affair soon after call he to London  before any thing further be do the respondent draw a bill upon the appellant  for pound on account of the say purchase which bill the appellant answer  accord and afterward pay he other money amount in the whole together with the  say note for pound to pound S or thereabouts soon afterward the appellant  discover that he have be gross impose upon by the respondent in misrepresent  the yearly value of the say estate for that until the time of the say lease so  pretend to be make to Wilkinson the estate have not be let for above nor be  real worth more than pound per and out of which be issue a chief rend of pound  S d beside tax and repair and that the endorsement of the receipt of pound on  the lease in part of the reserve rend be with design to deceive a purchaser  for that no part of that sum be ever pay or advance by the tenant but be  deduct out of the rend and as be encouragement for the tenant to covenant to  pay for the subsequent year more than the estate be real worth and as a  further encouragement Wilkinson be to have pound or a year rend give or allow  he by the respondent in consideration of his take the say lease on discover  these fraud and imposition and in regard of the extravagant price the  appellant as he apprehend he have great reason refuse to proceed further in  his say purchase whereupon in Michaelmas term the respondent exhibit his bill  in the court of exchequer at Chester against the appellant to compel he to pay  the residue of his purchase money with interest the cause be at issue and  witness examine be hear on the saint of October before the chamberlain of the  county palatine of Chester and his vice chamberlain when the court decree that  the appellant shall on or before the first day of may next pay to the  respondent the sum of pound S in further part of the say purchase money  without interest and that the appellant brown er p shall pay into court for  the use of Martha Cowper sister of the respondent the sum of pound residue of  the say brown purchase money in discharge of the like sum Payable to her out  of the say estate for her portion and that upon payment of the say several sum  the respondent shall execute to the appellant and his heir such conveyance of  the say premise as shall be approve of by the deputy baron of the say court  and that instead of interest the respondent shall have and receive all the  rend of the say premise due or to grow due on the that day of march then next  and no cost to be on either side from this decree the appellant appeal insist  c weary c Talbot that by the respondent misrepresent the yearly value of the  estate the appellant be induce to contract to give a great price for it than  even the general infatuation of the time will otherwise have lead he to and  this fraud be apprehend to be a sufficient foundation in equity to relieve the  appellant against the contract have he exhibit his bill for that purpose but  if this transaction have stand free from all circumstance of fraud yet forty  one year purchase be vast more than the real value of the estate to be sell  and therefore it be conceive that a court of equity ought not to have give any  assistance to so hard a contract or have decree it to be carry into execution  but that the respondent ought to have be leave to pursue his remedy at law on  the other side it be say p York t Lutwyche that as to the receipt for pound  endorse on the back of the lease the respondent give no direction for it nor  be the same make with any other intent or design than as the lawyer manner of  draw the lease by make the rend of pound S per and Payable every year of the  term and endorse pound as receive thereupon instead of make pound S Payable  the first year and pound S every other year of the term which be the same in  effect with the agreement make with the tenant and this can be no deceit upon  the appellant or any other purchaser because the lease with this endorsement  upon it be leave with the appellant ten day before he enter into the agreement  and no rend have then become due and as to the yearly value of the estate be  misrepresent or the appellant impose upon therein the respondent deny this  charge in every particular for the estate be real worth to be let to a tenant  the same yearly rend which Wilkinson agree to give for it before the purchase  and be prove so to be by several witness who swear that all the land take one  acre with another be worth S a statute acre and the appellant surveyor and  witness prove that the land contain upward of ninety Cheshire acre which  amount to above statute acre and upon a computation be worth pound per and so  that it be not material what the estate have former be let for when ill manage  and before any improvement be make thereon and as to the price be extravagant  it be but little more than thirty four year purchase though the appellant have  give for several other estate about Chester upward of forty year purchase that  the respondent have no intention of sell his estate till solicit and press to  it by the appellant and as the contract make between they be fair and just  without the least colour of fraud and collusion as the brown appellant be so  well satisfy that he partly carry it into execution by pay several sum at  different time in part of the purchase money and likewise by take possession  of the estate without any objection to the contract or any accusation of fraud  till the respondent refuse to take his personal security for the remainder of  the purchase money as the respondent be always ready to execute proper  conveyance and do every other act incumbent on he but be without remedy save  in a court of equity the appellant have get the article in his custody it be  hope that the decree will be affirm and the appeal dismiss with cost but after  hear counsel on this appeal and it be urge that the respondent may well have  be content with the money which have be pay he without pray the assistance of  a court of equity to enforce payment of the rest the appellant counsel be ask  if the appellant will be content to lose the money so pay on be discharge from  his say contract and the appellant be present in person and be ask what he say  to the say proposal and express his readiness to comply therewith it be order  and adjudge that the decree complain of in the appeal shall be reverse brown  er p and it be further order and adjudge by consent of both the appellant and  respondent express declare at the bar of the house that the first minute or  note of the agreement between the say appellant and respondent date the d of  July and likewise the article execute in pursuance thereof date the next day  shall be deliver up and cancel and that the appellant shall forthwith deliver  possession of the estate or so much thereof as he be possess of to the  respondent and also deliver to the respondent all the deed and write relate to  the estate in question and that the respondent shall retain to his own use  without account all the money which he have receive from the appellant in part  of the say purchase and that a bill file by the appellant against the  respondent this circumstance be not once mention in either of the print case  and indeed one of the reason offer on the part of the appellant convey a idea  that no such step have be take to set aside the agreement and article shall be  dismiss by the appellant without cost and that general release shall be mutual  give by the appellant and respondent to each other jour vol p