Gamble v. Loffler
South Dakota Supreme Court
Appeal from Circuit Court, Yankton County. Hon. Frank B. Smith, Judge. Action by Robert J. Gamble against Gilbert D. Rofffer. From a judgment for plaintiff, defendant appeals. Representations by the vendor as to the price paid for'property do not constitute actionable deceit, in the absence of fiduciary relations between the parties, or other facts or circumstances showing an agreement that the price paid should determine the price in the contract.
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Appeal from Circuit Court, Yankton County. Hon. Frank B. Smith, Judge. Action by Robert J. Gamble against Gilbert D. Rofffer. From a judgment for plaintiff, defendant appeals. Representations by the vendor as to the price paid for'property do not constitute actionable deceit, in the absence of fiduciary relations between the parties, or other facts or circumstances showing an agreement that the price paid should determine the price in the contract. Beare v. Wright, 103 N. W. 632; Holbrook v. Connor, 11 Am. Rep. 212; Hemmer v. Cooper, 8 Allen, 334; Cooper v. Rovering, 106 Mass. 77; Hauk v.…
1Opinion of the CourtWhiting, J.
The complaint herein unites three causes of action not separately stated; two of said causes being to recover damages claimed to have been suffered through the fraud and deceit of defendant while defendant was occupying a fiduciary *241relation toward plaintiff in two certain joint adventures in the purchase of real estate.
The complaint sets forth in brief as follows: (i) That on several occasions in the fore part of July, 1907, defendant represented to plaintiff that he, said defendant, together with one Taylor, had an opportunity to purchase what was known as the “Jay Ranch.” That the lowest…
2Cases cited9 opinions
- Yale Gas Stove Co. v. WilcoxSupreme Court of Connecticut · 1894
- Getty v. . DevlinNew York Court of Appeals · 1873
- Densmore Oil Co. v. DensmoreSupreme Court of Pennsylvania · 1870
- Shoufe v. GriffithsWashington Supreme Court · 1892
- Iler v. GriswoldSupreme Court of Iowa · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Irvine v. CampbellSupreme Court of Minnesota · 1913
- Green v. WhaleySupreme Court of Missouri · 1917
- Nelson v. LindseySupreme Court of Iowa · 1917
- Ethan Dairy Products v. AustinSouth Dakota Supreme Court · 1989
- Egan v. WaggonerSouth Dakota Supreme Court · 1918
5 more not listed; retrieve them via the Exa API.