Industrial Transp. Co. v. Russell
Court of Appeals of Texas
Appeal from District Court, Hopkins County; George B. Hall, Judge. Aetion by T. J. Russell against Industrial Transportation Company. Judgment ior plaintiff and defendañt appeals.
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Appeal from District Court, Hopkins County; George B. Hall, Judge. Aetion by T. J. Russell against Industrial Transportation Company. Judgment ior plaintiff and defendañt appeals. July 5, 1920, appellee signed and delivered to L. M. Johns and W. H. Londergon, agents of appellant for the sale of its stock, an instrument in writing as follows: “I hereby subscribe for 180 shares of the 8 per cent, cumulative preferred stock (par value $10 per share) and 20 shares of the common stock (par value $10 per share) of the Industrial Transportation, and agree' to pay ten dollars ($10.00) per share for…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above). [1] Appellant insists that the representations made by its agents, as found by the jury, were not statements of fact, but of opinions merely, and therefore could not properly be made the basis of a judgment against it.
As the general rule is that false representations are not actionable unless they relate to a fact susceptible of knowledge which existed at the time the representations were made, or had existed before that time (12 R. O. L. 244), the contention must be sustained, if the representations should be construed to have been opinions, unless they…
2Cases cited6 opinions
- First National Bank v. FultonSupreme Court of Iowa · 1912
- McDonald v. LastingerCourt of Appeals of Texas · 1919
- Barber v. KeelingCourt of Appeals of Texas · 1918
- Weston v. Columbus Southern Railway Co.Supreme Court of Georgia · 1892
- Crosby v. EmersonCourt of Appeals for the Third Circuit · 1906
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