Beare v. J.A. Wright
North Dakota Supreme Court
Appeal from District Court, Grand Forks county; Fisk, J. Action 'by Thomas Beare against J. A. Wright and E. C. Bates. Judgment for plaintiff. Defendants appeal. Where one is deceived or defrauded, he can recover as damages the difference between the value of what he would have obtained had the .statement been true and the value of what he received.
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Appeal from District Court, Grand Forks county; Fisk, J. Action 'by Thomas Beare against J. A. Wright and E. C. Bates. Judgment for plaintiff. Defendants appeal. Where one is deceived or defrauded, he can recover as damages the difference between the value of what he would have obtained had the .statement been true and the value of what he received. Fargo G. & C. Co. v. Fargo G. & E. Co., 4 N. D. 219, 59 N. W. 1066, 37 L. R. A. 593. The instruction, “If you believe from the evidence that any witness has willfully sworn falsely as to any material issue in the case, then you are at liberty to…
1Opinion of the CourtEngerud, J.
This is an appeal from a judgment for plaintiff in an action to recover damages for alleged deceit in the exchange of property. The case was submitted to the jury for a special verdict, upon which judgment was ordered and entered against these appellants. A motion for new trial was made, based in part upon a statement of the case specifying as grounds for a new trial numerous errors of law, and the insufficiency of tíre evidence to justify some of the findings of the jury, and the insufficiency of the verdict to support the judgment. The motion for a new trial was denied. This appeal is from…
2Cases cited17 opinions
- Smith v. BollesSupreme Court of the United States · 1889
- Sigafus v. PorterSupreme Court of the United States · 1900
- Sandford v. HandyNew York Supreme Court · 1840
- Hubbell v. . MeigsNew York Court of Appeals · 1872
- Miller v. . BarberNew York Court of Appeals · 1876
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3Cited by37 opinions
- Federal Deposit Insurance Corporation, as Receiver for Penn Square Bank, N.A. v. Myron J. PalermoCourt of Appeals for the Tenth Circuit · 1987
- Dale v. JenningsSupreme Court of Florida · 1925
- Erickson v. BrownNorth Dakota Supreme Court · 2008
- Stark v. Equitable Life Assurance Society of United StatesSupreme Court of Minnesota · 1939
- Dewey v. LetzNorth Dakota Supreme Court · 1990
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