Rosenwater v. Selleseth
North Dakota Supreme Court
Erom a judgment of the District Court of Burke County, Leighton J., defendant appeals. Upon a sale of a stock of goods, if both parties bave the same opportunity to examine tbe goods, neither can recover for fraud. Smith, Eraud, § 75. Failure to exercise ordinary care to avoid deceit will prevent recovery, and a recovery is barred by an opportunity to examine the property. Diligence is required of all parties. Smith, Fraud, §§ 3, 4, 61, 75, 85,. 86, 205; 2 Pom. Eq.
Read the full summary
Erom a judgment of the District Court of Burke County, Leighton J., defendant appeals. Upon a sale of a stock of goods, if both parties bave the same opportunity to examine tbe goods, neither can recover for fraud. Smith, Eraud, § 75. Failure to exercise ordinary care to avoid deceit will prevent recovery, and a recovery is barred by an opportunity to examine the property. Diligence is required of all parties. Smith, Fraud, §§ 3, 4, 61, 75, 85,. 86, 205; 2 Pom. Eq. Jur. §§ 892, 893; Brown v. Leach, 107 Mass. 364. Many cases lay down the rule that if means of knowledge are at hand, and equally…
1Opinion of the CourtGoss, J.
In February, 1911, plaintiffs purchased of defendant his •one half of the corporate stock of a corporation known as the Lowry Mercantile Company, in Minnesota. Eor it they gave two farms in North Dakota. Plaintiffs claim, and the trial court found, that in the trade defendant made false representations as to the value of the merchandise stock, and that dividends had been declared and paid on it, and that the corporate stock was worth par, and that the business was in a prosperous and profitable condition, while in fact the business was in an insolvent condition and the stock was worthless.…
2Cases cited13 opinions
- Toby v. Oregon Pacific RailroadCalifornia Supreme Court · 1893
- Green v. DuvergeyCalifornia Supreme Court · 1905
- Sonnesyn v. AkinNorth Dakota Supreme Court · 1905
- Bailey v. FoxCalifornia Supreme Court · 1889
- Marten v. Paul O. Burns Wine Co.California Supreme Court · 1893
8 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Schaff v. KennellyNorth Dakota Supreme Court · 1953
- Ebner v. Haverty Furniture Co.Supreme Court of South Carolina · 1924
- Miller v. ThompsonNorth Dakota Supreme Court · 1916