Tyssowski v. F. H. Smith Co.
District of Columbia Court of Appeals
Hearing on an appeal by the plaintiffs from a judgment of the supreme court of the District of Columbia on a verdict directed by the Court in an action the declaration in which contained a count in deceit and a count based upon an alleged breach of contract.
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Hearing on an appeal by the plaintiffs from a judgment of the supreme court of the District of Columbia on a verdict directed by the Court in an action the declaration in which contained a count in deceit and a count based upon an alleged breach of contract. The Court in the opinion stated the facts as follows: This is an appeal from a judgment of the supreme court • of the District of Columbia upon a directed verdict for the defendant, the F. H. Smith Company, appellee here. The plaintiffs, Thaddeus M. Tyssowski and Anthony Z. Tyssowski, appellants here, are the owners of lot 19, square 223,…
1Opinion of the CourtJustice Kobb
The first assignment of error relates to the action of the trial court in excluding evidence tending to sustain the count in tort. We-think this point well taken. The case made by count two amounts to about this: The defendant, as the agent of the plaintiffs, represented to them that it had a purchaser who had bound himself to take their property at their price, and had deposited $5,000 forfeit money; the property was to be sold “as a good title;” taxes, interest, rents, and insurance were to be *407adjusted to date of transfer. The defendant company then knew what it carefully suppressed from…
2Cases cited5 opinions
- Stewart v. Wyoming Cattle Ranche Co.Supreme Court of the United States · 1888
- Janes v. JenkinsCourt of Appeals of Maryland · 1871
- Loewer v. HarrisCourt of Appeals for the Second Circuit · 1893
- Effinger v. KenneySupreme Court of the United States · 1885
- Gill v. FerrinSupreme Court of New Hampshire · 1902
3Cited by8 opinions
- Stanley Clayman and Melvin Clayman v. Goodman Properties, IncCourt of Appeals for the D.C. Circuit · 1974
- Appalachian Power Co. v. Federal Power CommissionCourt of Appeals for the D.C. Circuit · 1976
- Kapiloff v. Abington Plaza Corp.District of Columbia Court of Appeals · 1948
- Borzillo v. ThompsonDistrict of Columbia Court of Appeals · 1948
- Tucker v. BeazleyDistrict of Columbia Court of Appeals · 1948
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