Wheelwright v. Vanderbilt
Oregon Supreme Court
From Hood River: William L. Bradshaw, Judge. Department 2. Statement by Mr. Justice Bean. This is an action by William D. Wheelwright against Oscar Vanderbilt for damages for deceit The trial court sustained a demurrer to the complaint. The plaintiff appeals.
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From Hood River: William L. Bradshaw, Judge. Department 2. Statement by Mr. Justice Bean. This is an action by William D. Wheelwright against Oscar Vanderbilt for damages for deceit The trial court sustained a demurrer to the complaint. The plaintiff appeals. The allegations of the complaint are in effect as follows: Plaintiff was a stockholder in the Stanley-Smith Lumber Company which had sold certain lands to the Vanderbilt Orchard Lands Company, of which defendant was a director and stockholder. Defendant conducted the negotiations and paid the purchase price to the lumber company on…
1Opinion of the CourtJustice Bean
It is not contended by plaintiff, as we understand the argument, that the defendant intended to induce the plaintiff to investigate the affairs of the lumber company or take any action on account of the statements made by defendant. Counsel for plaintiff suggest that the case is without precedent. The following authorities are somewhat in point:
1. To constitute actionable fraud it must appear: (1) That defendant made a material representation; (2) that it was false; (3) that when he made it he knew it was false, or made it recklessly without any knowledge of its truth, and as a positive…
2Cases cited3 opinions
- Southern Development Co. v. SilvaSupreme Court of the United States · 1888
- Jex v. . StrausNew York Court of Appeals · 1890
- Dunning v. CressonOregon Supreme Court · 1877
3Cited by28 opinions
- Conzelmann v. Northwest Poultry & Dairy Products Co.Oregon Supreme Court · 1950
- Mutual Benefit Health & Accident Ass'n v. FerrellArizona Supreme Court · 1933
- Hansen v. HolmbergOregon Supreme Court · 1945
- Waller v. City of New York Ins.Oregon Supreme Court · 1917
- Burgess v. Charles A. Wing Agency, Inc.Oregon Supreme Court · 1932
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