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where did he get that money, and Mr. Lodge told me — he thought for a minute or two — and he said, ' I don't see any objection to that. I got it from Max Lewis.' 'Well,' I told him, 'Mr. Lodge, you are going to have no end of trouble, because this was not what you promised to Mr. Dyer. You said that you would not have any exchanges or people being acquainted in the moving picture business to put some money in our company. Now you have taken Max Lewis. He vvas the last man to take.' ' Well,' he said, ' it was all right; I ivas just coming to the end of my deal. We had to get money ivhere we could, and when we come to the bridge — well, I will jump it.' "
As for appellant's argument (Br., p. 79), that these promises were probably not made, because they were not put into the written contract of September 18, it is hardly becoming for appellant to urge that Mr. Dyer was not justified in relying on the reiterated promises of its representative and in crediting him with good faith. Besides the failure of the Edison Company's officers and agents to embody Lodge's promise not to sell stocks in the collateral agreement of Septeml)er 1», 1908, or to commit Lodge in writing, cannot be taken advantage of by the complainant, as unnecessary credulity of the party imposed upon is no defense to the right to plead fraud.
We feel it is unnecessary to argue at length that following the establishment of th(se misrepresentations on the part of complainant's agent the court will refuse it equitable relief by virtue of the equitable maxim that He who comes into Equity must come with clean hands. See 16 Cyc, 144, where the text reads:
" The most direct application of the maxim is the uniform refusal of equity to assist one seeking its aid to enforce or to carry to fruition a contract or transaction in which he has been guilty of conduct wrongful towards his adversary so as to obtain the benefit of a fraud perpetrated upon him " (citing cases).
See also:
Broiun vs. Pitcairn, 148 Pa., 387, at 390, 392. Alarble Co. vs. Ripley, 10 Wall., 3:59, 357.