Gustafson v. Rustemeyer
Supreme Court of Connecticut
Actioh to recover damages for fraud in the exchange of real estate, brought to the Superior Court in Hartford County and tried to the court, Ulmer, J.; facts found and judgment rendered for the plaintiff Johanna Gustafson, and appeal by the defendant for alleged errors in the rulings of the court.
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Actioh to recover damages for fraud in the exchange of real estate, brought to the Superior Court in Hartford County and tried to the court, Ulmer, J.; facts found and judgment rendered for the plaintiff Johanna Gustafson, and appeal by the defendant for alleged errors in the rulings of the court. The complaint alleged in substance that the defendant, who owned a farm in Suffield which he knew in fact to contain only seventy-eight acres of land, in order to induce one of the plaintiffs, the wife of the other plaintiff, to purchase said farm and a certain quantity of lumber, falsely and…
1Opinion of the CourtTorrance, J.
The first question to be considered is whether the court erred in sustaining the demurrer to the counterclaim. The false representation therein set out and relied upon, relates simply to the worth of the Julius street property over and above the incumbrances. It is a mere naked representation of the value of an equity of redemption, and nothing more. The general rule is that a mere naked assertion of value, without more, made between vendor and vendee during negotiations for a sale, though untrue and known to be so by the one who makes it, and relied upon by the other to his hurt, does not…
2Cases cited17 opinions
- Smith v. BollesSupreme Court of the United States · 1889
- Krumm v. . BeachNew York Court of Appeals · 1884
- Morse v. HutchinsMassachusetts Supreme Judicial Court · 1869
- Nysewander v. LowmanIndiana Supreme Court · 1890
- Cottrill v. KrumSupreme Court of Missouri · 1890
12 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Sallies v. JohnsonSupreme Court of Connecticut · 1911
- Howe v. MartinSupreme Court of Oklahoma · 1909
- Piper v. JenkinsCourt of Appeals of Maryland · 1955
- Palladine v. Imperial Valley Farm Lands Assn.California Court of Appeal · 1924
- Ford v. H. W. Dubiskie & Co.Supreme Court of Connecticut · 1927
40 more not listed; retrieve them via the Exa API.