Hillock v. Idaho Title & Trust Co.
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Carl A. Davis, Judge. Action for damages on account of mistake and misrepresentation. Judgment for the defendant and plaintiffs appeal. In actions for relief on the ground of fraud or mistake, the action in such ease is not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Carl A. Davis, Judge. Action for damages on account of mistake and misrepresentation. Judgment for the defendant and plaintiffs appeal. In actions for relief on the ground of fraud or mistake, the action in such ease is not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake. (Shain v. Sresovich, 104 Cal. 402, 38 Pac. 51; Hayes v. Los Angeles Go., 99 Cal. 74, 33 Pae. 766; Tarke v. Bingham, 123 Cal. 163, 55 Pac. 759; Smith v. Irving (Cal.), 22…
1Opinion of the CourtAilshie, J.
This action was instituted against the Idaho Title & Trust Co. to recover damages for selling and delivering to the appellants herein, in the month of April, 1907, an incomplete abstract of title to a certain tract of land accompanied by a false certificate.
It was alleged in the complaint that the plaintiffs, about the month of April, 1907, applied to the defendant, which was engaged in making abstracts, for a full and perfect abstract of title to a certain tract of land, and that they thereafter prepared, made and certified an abstract of title for which plaintiffs paid the required…
2Cases cited14 opinions
- Lattin v. GilletteCalifornia Supreme Court · 1892
- Board of Commissioners v. PearsonIndiana Supreme Court · 1889
- Fisher v. MellenMassachusetts Supreme Judicial Court · 1870
- Russell & Co. v. Polk County Abstract Co.Supreme Court of Iowa · 1893
- Sublette v. TinneyCalifornia Supreme Court · 1858
9 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Hendrickson v. SearsMassachusetts Supreme Judicial Court · 1974
- Williams v. PolgarMichigan Supreme Court · 1974
- Ford v. Guarantee Abstract & Title Co.Supreme Court of Kansas · 1976
- Mumford v. Staton, Whaley & PriceCourt of Appeals of Maryland · 1969
- Boyle v. General Motors Corp.Michigan Supreme Court · 2003
26 more not listed; retrieve them via the Exa API.