Starkweather v. Benjamin

CAMPBELL, J:

This action was brought to recover damages arising from alleged misrepresentations made by Starkweather to Benjamin, concerning the quantity of land in a parcel purchased from Starkweather and others for whom he acted, and which was bought by the acre.

The defense rested mainly on the ground that the purchaser saw the land, and was as able to judge of its size as Starkweather.

We do not think the doctrine, that where both parties have equal moans of judging there is ,no fraud, applies to such a case. The maxim is equally-valid, that one who dissuades another from inquiry and…