Clark v. . Baird
New York Court of Appeals
■.Action on the case 'by the purchaser against the seller of a tavern stand in the town of Oxford, Chenango county, for . 'fraud in misrepresenting the boundaries of the land.
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■.Action on the case 'by the purchaser against the seller of a tavern stand in the town of Oxford, Chenango county, for . 'fraud in misrepresenting the boundaries of the land. The cause was first tried before Mr. Jústice Morehouse, at .the Chenango, circuit, in August, 1848, and a verdict rendéred for the plaintiff.’ A new trial was- granted by the court at ¡general term.(7 Barb., 64), and was had before Mr. 'Justice Shankland in December, 1850. The fraud alleged was in representing that the. premises in Question were bounded on- the southerly or southwesterly side by a certain mill.racé, and…
1Opinion of the CourtJohnson, J.
The first question arising in this case is upon an exception to evidence. Nehemiah Smith testified for the plaintiff, that he had examined the tavern stand with a view of buying it. “ It was worth $1000, if it extended to the race and trees. The strip taken off would reduce it one-fourth.” This testimony was objected to, on the ground that the amount of damage cannot be ascertained by the opinion of the witness. The objection was overruled and the defendant excepted.
One of the alleged fraudulent representations which formed the subject of the action was, that the tavern stand extended to the…
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