Lynch v. Mercantile Trust Co.
U.S. Circuit Court for the District of Minnesota
A stipulation waiving a jury is filed, and tbe case is tried by the court. This suit is brought to recover damages for fraudulent representations, alleged to be made by the defendant’s agent to one of the plaintiffs, upon the sale of a certain tract of land called “E. Murphy’s reserved block, ” in the city of Minneapolis, owned by defendant, and sold for $15,000. The plaintiffs, being desirous of purchasing a house and lot for a hospital, applied, through Alicia Lynch, to…
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A stipulation waiving a jury is filed, and tbe case is tried by the court. This suit is brought to recover damages for fraudulent representations, alleged to be made by the defendant’s agent to one of the plaintiffs, upon the sale of a certain tract of land called “E. Murphy’s reserved block, ” in the city of Minneapolis, owned by defendant, and sold for $15,000. The plaintiffs, being desirous of purchasing a house and lot for a hospital, applied, through Alicia Lynch, to Brown & ITamlin, real estate brokers and agents in Minneapolis. They had .for sale, belonging to the defendant, “E.…
1Opinion of the CourtKelson, J.
It is necessary for the plaintiffs to prove that the false representations made were material, and were relied on and operated as one of the inducements to the purchase, before entitled to a judgment. Fraud, as well as false representations, must clearly appear, and there must exist positive statements of material facts as true,— false affirmation of facts which were relied on and induced the plaintiffs to purchase. The rule is thus expressed by Maulé, J., in Evans v. Edmonds, 13 C. B. 777, 786:
“I conceive that if a man having no knowledge whatsoever on the subject takes upon himself to…
2Cases cited9 opinions
- Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
- Munroe v. PritchettSupreme Court of Alabama · 1849
- Smith v. RichardsSupreme Court of the United States · 1839
- Marsh v. FalkerNew York Court of Appeals · 1869
- Beebe v. KnappMichigan Supreme Court · 1873
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Samson v. BealeWashington Supreme Court · 1902
- Cawston v. SturgisOregon Supreme Court · 1896
- Eichelberger v. Mills Land & Water Co.California Court of Appeal · 1908
- Kimber v. YoungCourt of Appeals for the Eighth Circuit · 1905
- Hecht v. MetzlerUtah Supreme Court · 1897
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