Chilson v. Houston
North Dakota Supreme Court
Appeal from District Court, Richland County; Lauder, J. Action by John J. Chilson against W. F. Houston. Judgment for plaintiff. Defendant appeals. Antecedent representations made by the vendor as an inducement to the buyer, but not forming a part of the contract when concluded, are not warranties.
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Appeal from District Court, Richland County; Lauder, J. Action by John J. Chilson against W. F. Houston. Judgment for plaintiff. Defendant appeals. Antecedent representations made by the vendor as an inducement to the buyer, but not forming a part of the contract when concluded, are not warranties. Benjamin on Sales, § 610; 2 Parsons on Contracts, 477; Hopkins v. Tongueray, 15 C. B. 130; Halley v. Folsom, 48 N. W. Rep. 219; Sculley v. Bailey, 1 PI. & C. 405; Bloss v. Kittridge, 3 Vt. 28. Under the evidence in this case the question of the right to rely, and of reliance by plaintiff on the…
1Opinion of the CourtYoung, J.
This action is to recover damages for a deceit alleged *500to have been practiced by the defendant, whereby the plaintiff claims he was damaged. The complaint, in substance, alleges that on or about December i, 1898, the plaintiff sold and deeded to the defendant a tract of land situated in Richland county, in this state, for and in consideration of the sum of $1,228; that $728 of the purchase price was paid to the Bank of Fairmount, pursuant to agreement between plaintiff and defendant, in cancellation of an indebtedness held by such bank against plaintiff; that, in payment of the balance due…
2Cases cited12 opinions
- Gustafson v. RustemeyerSupreme Court of Connecticut · 1898
- Andrews v. JacksonMassachusetts Supreme Judicial Court · 1897
- Nash v. Minnesota Title Insurance & Trust Co.Massachusetts Supreme Judicial Court · 1893
- Farr v. PetersonWisconsin Supreme Court · 1895
- Porter v. BeattieWisconsin Supreme Court · 1894
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- St. Joseph Hospital v. Corbetta Construction Co.Appellate Court of Illinois · 1974
- Stevens v. MarcoCalifornia Court of Appeal · 1956
- Sonnesyn v. AkinNorth Dakota Supreme Court · 1905
- Susanoil, Inc. v. Continental Oil CompanyCourt of Appeals of Texas · 1975
- Rogers v. BrummettSupreme Court of Oklahoma · 1923
4 more not listed; retrieve them via the Exa API.