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 Court
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.C.L. 244), the contention must be sustained, if the representations should be construed to have been opinions, unless they were, and we think they were not, within…
2Cases cited11 opinions
- Edward Thompson Co. v. SawyersTexas Supreme Court · 1921
- Moore v. CrossTexas Supreme Court · 1895
- McCoy v. Bankers' Trust Co.Court of Appeals of Texas · 1918
- First National Bank v. FultonSupreme Court of Iowa · 1912
- McDonald v. LastingerCourt of Appeals of Texas · 1919
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Chandler v. ButlerCourt of Appeals of Texas · 1955
- Baden v. DeragowskiCourt of Appeals of Texas · 1928
- Donoho v. HunterCourt of Appeals of Texas · 1922
- Texas Western Securities, Inc. v. HarringtonCourt of Appeals of Texas · 1957
- Texas Industrial Investment Corp. v. TaberCourt of Appeals of Texas · 1958