Hodson v. Wells & Dickey Co.
North Dakota Supreme Court
Appeal from tbe District Court, Stutsman County; Coffey, J. In the sale of lands, mere “words of praise” or “dealers’ talk,” even though relied upon by the purchaser, do not furnish ground for action for damages for fraud and deceit. It is the duty of the purchaser to investigate for himself. Failing in this, he takes his own chances.
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Appeal from tbe District Court, Stutsman County; Coffey, J. In the sale of lands, mere “words of praise” or “dealers’ talk,” even though relied upon by the purchaser, do not furnish ground for action for damages for fraud and deceit. It is the duty of the purchaser to investigate for himself. Failing in this, he takes his own chances. Kerr, Fr. & Mistake, p. 84; Van Horn v. Keenan, 28 111. 448; Miller v. Craig, 36 111. Ill; Noetling v. Wright, 72 111. 391. “A person has the right to exalt the value of his own property to the highest point his antagonist’s credulity may bear,” such is not…
1Opinion of the CourtBurke, J.
Plaintiff is a resident of Indiana, fifty years- of age, and a farmer by occupation. The defendant is a well-known real estate brokerage company with an office in Minneapolis, Jamestown, and other places. Mr. Weese was their agent under the terms of a written appointment, which will be hereinafter set forth. His duties were to bring prospective buyers to North Dakota, and plaintiff was one of his customers. When Weese and plaintiff arrived at Courtenay, they were joined by Mr. De Nault, manager of the Jamestown office of the defendant company, in an automobile, and plaintiff was shown several…
2Cases cited10 opinions
- Samson v. BealeWashington Supreme Court · 1902
- Brandrup v. BrittenNorth Dakota Supreme Court · 1903
- Mayo v. WahlgreenColorado Court of Appeals · 1897
- Ballou v. BergvendsenNorth Dakota Supreme Court · 1900
- Rice v. Peninsular ClubMichigan Supreme Court · 1883
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3Cited by6 opinions
- Stuck v. Delta Land & Water Co.Utah Supreme Court · 1924
- Hagel v. Buckingham Wood Products, Inc.North Dakota Supreme Court · 1977
- Johnson v. WilliamsWashington Supreme Court · 1925
- Janeczko v. ManheimerCourt of Appeals for the Seventh Circuit · 1935
- Jones v. SpencerSupreme Court of Oklahoma · 1946
1 more not listed; retrieve them via the Exa API.