Mooney v. Miller
Massachusetts Supreme Judicial Court
Tort for deceit by false representations in the matter of an exchange of lands between the plaintiff and the defendant. Trial in the superior court, before Putnam, J., who directed a verdict for the defendant and allowed a bill of exceptions in substance as follows: The parties exchanged conveyances of their respective lands on August 23, 1867, and the representations relied on to sustain the action all had reference to the land conveyed by the defendant.
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Tort for deceit by false representations in the matter of an exchange of lands between the plaintiff and the defendant. Trial in the superior court, before Putnam, J., who directed a verdict for the defendant and allowed a bill of exceptions in substance as follows: The parties exchanged conveyances of their respective lands on August 23, 1867, and the representations relied on to sustain the action all had reference to the land conveyed by the defendant. The plaintiff testified that she called on the defendant and told him she had heard that he had land to sell, and he asked her if she did…
1Opinion of the CourtChapman, C. J.
This is an action of tort, founded on certain fraudulent representations alleged to have been made by the defendant to the plaintiff, by which she was induced to purchase a lot of land. Some false representations of this character are actionable, and others are not. If they relate to material facts not within the observation of the opposite party, and are made with intent to deceive, they are actionable; but if the truth can be ascertained by ordinary vigilance, they are not actionable. Brown v. Castles, 11 Cush. 348.
Upon these principles, it is held that, if the representations relate to the…
2Cited by38 opinions
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- Long v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1907
- Judd v. WalkerSupreme Court of Missouri · 1908
- Mabardy v. McHughMassachusetts Supreme Judicial Court · 1909
- Speed v. HollingsworthSupreme Court of Kansas · 1894
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