Vandewalker v. Osmer
New York Supreme Court
HIS action, was brought to recover damages of the defendant for false and fraudulent representations made by him, that there were no daisies or other foul weeds on a farm owned by the defendant, and which the plaintiff was negotiating with him to purchase.
Read the full summary
HIS action, was brought to recover damages of the defendant for false and fraudulent representations made by him, that there were no daisies or other foul weeds on a farm owned by the defendant, and which the plaintiff was negotiating with him to purchase. The plaintiff was a witness in his own behalf, and testified that on the 25th of September 1870, he met the defendant in the city of Watertown, and asked him if he knew of a farm for sale in his neighborhood ; the defendant replied he had one. The plaintiff asked him if it was free from foul weeds, such as daisies, mustard and all such; he…
1Opinion of the Court
By the Court, Mullin, P. J.
There is no error in the charge. The jury were properly instructed as to the law relating to fraud in the sale of property.
The request to charge presents the question, whether a representation made by a vendor relieves the vendee from that care, caution and observation that he would be bound to exercise if no representation was made; and it seems to me that it may. Reliance is, and must be, placed on the statements of men made to each other under circumstances in which they are required to speak, and to speak truthfully; and notwithstanding the degeneracy and…
2Cited by3 opinions
- Pennock v. StyglesSupreme Court of Vermont · 1881
- Schumaker v. MatherNew York Supreme Court · 1891
- Fox v. EversonNew York Supreme Court · 1882