Savage v. Stevens
Massachusetts Supreme Judicial Court
Tort for false and fraudulent representations made by the defendant, whereby the plaintiff was induced to exchange an estate in Boston for an estate in Tamworth, New Hampshire.
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Tort for false and fraudulent representations made by the defendant, whereby the plaintiff was induced to exchange an estate in Boston for an estate in Tamworth, New Hampshire. At the trial in the Superior Court, before Rockwell, J., the plaintiff introduced evidence tending to show that the estate in Boston was valued at $6000, subject to a mortgage of $4000; that the defendant represented to the plaintiff that the estate in Tamworth was located only two and a half or three miles from Ossipee Centre, that it consisted of forty acres of land in a good state of cultivation, that there was a…
1Opinion of the CourtEndicott, J.
We are of opinion that this case should have been submitted to the jury. The representations made by the defendant in relation to the situation of the farm, and the con dition and character of the buildings, were of material facts, affecting the value of the property, and were not expressions of opinion merely. Where a vendor makes such representations, as of his own knowledge, respecting the property he proposes to convey, and they are false, he is liable to the vendee who relies and acts upon the statements as true; and if not made as of his own knowledge, yet, if he knows them to be false,…
2Cases cited1 opinion
- Litchfield v. HutchinsonMassachusetts Supreme Judicial Court · 1875
3Cited by23 opinions
- Yorke v. TaylorMassachusetts Supreme Judicial Court · 1955
- Chatham Furnace Co. v. MoffattMassachusetts Supreme Judicial Court · 1888
- Long v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1907
- Durkin v. CobleighMassachusetts Supreme Judicial Court · 1892
- Board of Water Commissioners v. RobbinsSupreme Court of Connecticut · 1910
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