Harlow v. Green
Supreme Court of Vermont
Action on the case for false warranty in sale of land. The first count of the declaration was as follows : “ For that ■whereas, the said plaintiff, on the 3d day of October, A. D., 1857, at Randolph aforesaid, bargained with the said defendant to buy of him a certain farm of the said defendant, whereon the said defendant, then lived, situate and being in said Randolph; and the said defendant then and there, to wit at said Randolph— well knowing that the north line of the…
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Action on the case for false warranty in sale of land. The first count of the declaration was as follows : “ For that ■whereas, the said plaintiff, on the 3d day of October, A. D., 1857, at Randolph aforesaid, bargained with the said defendant to buy of him a certain farm of the said defendant, whereon the said defendant, then lived, situate and being in said Randolph; and the said defendant then and there, to wit at said Randolph— well knowing that the north line of the meadow on said farm was not straight but was curved, and that the farm aforesaid contained less land than would have been…
1Opinion of the Court
Poland, Ch. J.
The important question in this case is whether a vendor of real estate, who induces the trade by making false and fraudulent representations to the purchaser, in relation to the quantity of the land, is liable in an action on the case therefor. IS! othing is better settled than that the seller of personal property is liable in damages to the purchaser, if he make fraudulent representations in relation to the qualities of the property sold, whereby the purchaser is deceived and defrauded.
Why should not the same principle apply to real estate ? The reason given is, that it would…
2Cases cited2 opinions
- Webb v. AlexanderNew York Supreme Court · 1831
- Monell v. ColdenNew York Supreme Court · 1816
3Cited by6 opinions
- Limoge v. People's Trust Co.Supreme Court of Vermont · 1998
- Caldbeck v. SimantonSupreme Court of Vermont · 1909
- Kelly v. PemberSupreme Court of Vermont · 1862
- Yatter v. Pitkin & MillerSupreme Court of Vermont · 1900
- Randall v. FarnumSupreme Court of Vermont · 1880
1 more not listed; retrieve them via the Exa API.