Stoller v. Block Realty Co.

This action was brought by the vendee of an apartment house against the vendor and its officers to recover damages for fraud and deceit. The cause of action upon which the judgment was ordered was one for alleged misrepresentation by the seller that there were no taxes payable on the building for the year 1926. Defendants’ real estate broker frankly conceded that he had made such representation and explained satisfactorily how he came to entertain the mistaken notion. No attempt was made to prove scienter on his part. So far, therefore, as he is concerned his act afforded no ground for this…