Britt v. Marks
Oregon Supreme Court
Douglas county: R. S. Bean, Judge. Plaintiff appeals. This suit was commenced on the 11th day of April, 1889. The complaint in substance alleges? That on the 9th day of November, 1883, the defendant, @. Marks, fraudulently and falsely represented and told the plaintiff that a certain farm contained 169.09 acres, and thereby induced plaintiff to purchase the same from defendants; and plaintiff, not knowing how much land the said farm did contain, and relying on the statements…
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Douglas county: R. S. Bean, Judge. Plaintiff appeals. This suit was commenced on the 11th day of April, 1889. The complaint in substance alleges? That on the 9th day of November, 1883, the defendant, @. Marks, fraudulently and falsely represented and told the plaintiff that a certain farm contained 169.09 acres, and thereby induced plaintiff to purchase the same from defendants; and plaintiff, not knowing how much land the said farm did contain, and relying on the statements and representations of said Marks, did purchase said farm from defendants and paid therefor the sum of $1,700; that the…
1Opinion of the CourtStrahan, C. J.
1. It is nowhere alleged in the complaint that at the time Marks made the representations complained of he knew that the farm did not contain 169.09 acres, or that they were made with the intent to defraud the plaintiff. By omitting these allegations, the plaintiff fails to make a case in his complaint which would entitle him to any relief on the ground of fraud. (Rolfes v. Russell, 5 Or. 400; Dunning v. Cresson, 6 Or. 241.)
2. But the plaintiff’s counsel argued that mistake is alleged in the complaint and that of itself is sufficient to entitle the plaintiff to relief. Waiving all questions…
2Cases cited6 opinions
- Noble v. GooginsMassachusetts Supreme Judicial Court · 1868
- Rolfes v. RusselOregon Supreme Court · 1875
- Board of Commissioners v. YoungerCalifornia Supreme Court · 1865
- Dunning v. CressonOregon Supreme Court · 1877
- Bartholomew v. YawNew York Court of Chancery · 1841
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Anderson v. AdamsOregon Supreme Court · 1903
- McFarland v. Carlsbad Sanatorium Co.Oregon Supreme Court · 1913
- Burke v. SmithSupreme Court of Oklahoma · 1916
- Ogilvie v. StacklandOregon Supreme Court · 1919
- Continental Life Insurance v. MurphyIdaho Supreme Court · 1935
1 more not listed; retrieve them via the Exa API.