Shute v. Johnson
Oregon Supreme Court
Appeal from Multnomah: M. G. Munly, Judge. This is a suit by Thomas Shute against J. A. Johnson and wife to set aside a deed to real property.
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Appeal from Multnomah: M. G. Munly, Judge. This is a suit by Thomas Shute against J. A. Johnson and wife to set aside a deed to real property. The facts show that the plaintiff, on February twentieth, eighteen hundred and ninety-three, was the owner of a tract of land at Clackamas, Oregon, containing about one acre, and also the owner of the undivided one half of a chopmill and machinery thereon, which he desired to exchange for a small farm; and on that day he called upon the defendant, J. A. Johnson, a real estate agent at Portland, Oregon, and listed said property with him for exchange.…
1Opinion of the Court
Opinion by
Me. Justice Mooee.
The defendant contends that, admitting he made representations as to the value of his property as alleged *61by plaintiff, they were mere expressions of opinion not amounting to a warranty, upon which the plaintiff had no right to rely, and for any -damages arising therefrom, equity will not afford relief. The law is well settled that where there is no relation of trust or confidence existing between the parties, a mere false representation of value by a vendor, where no warranty is intended, is no ground of relief to the purchaser: 2 Kent’s Com. 845; 1 Bigelow on…
2Cases cited2 opinions
- Hubbell v. . MeigsNew York Court of Appeals · 1872
- Homer v. PerkinsMassachusetts Supreme Judicial Court · 1878
3Cited by9 opinions
- Anglo California Nat. Bank of San Francisco v. LazardCourt of Appeals for the Ninth Circuit · 1939
- Jeffreys v. WeeklyOregon Supreme Court · 1916
- MELGREEN ET UX v. McGUIRE, INC.Oregon Supreme Court · 1958
- Koehler v. DennisonOregon Supreme Court · 1914
- Richer v. BurkeOregon Supreme Court · 1934
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