McClelland v. Linton
Supreme Court of Arkansas
Appeal from Washington Chancery Court, T. H. Humphreys, Chancellor; 1. This is an action for deceit. The allegations are not sufficient to state a cause of action. To make McClelland liable for fraud his misrepresentations must have been false as to a past or present fact, material in nature, which operated to deceive, .and which were relied upon.
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Appeal from Washington Chancery Court, T. H. Humphreys, Chancellor; 1. This is an action for deceit. The allegations are not sufficient to state a cause of action. To make McClelland liable for fraud his misrepresentations must have been false as to a past or present fact, material in nature, which operated to deceive, .and which were relied upon. Any statements as to the future plans of profits of the 'Company were immaterial and if false, they were not fraudulent. 1 Cook on Corp. 292; Story Eq. § 193; .116 Mo. 313; 91 Ark. 324; 95 Id. 131; 83 Id. 403; 100 Id. 144. 2. Delay in the enterprise…
1Opinion of the CourtMcCulloch, C. J.
Appellant, F. C. McClelland, and certain other persons associated with him undertook to promote and organize a corporation for the purpose of developing fruit 'Orchards in the Ozark mountain district in this State, .and did in fact organize such a corporation under the laws of the State of South Dakota. A hoard of directors and officers were elected and an office was opened in the city of Chicago for the purpose of selling stock, but it does not appear that any sales of stock were made for cash. Options were secured hy those interested on land in Washington County, Arkansas. Appellant was…
2Cases cited4 opinions
- Russell v. TateSupreme Court of Arkansas · 1889
- Spradling v. SpradlingSupreme Court of Arkansas · 1911
- Tateum v. RossMassachusetts Supreme Judicial Court · 1890
- Messenger v. DunhamSupreme Court of Arkansas · 1896
3Cited by4 opinions
- Titan Oil & Gas, Inc. v. ShipleySupreme Court of Arkansas · 1975
- Ware v. StateSupreme Court of Arkansas · 1920
- Bieatt v. EcholsSupreme Court of Arkansas · 1930
- Titan Oil & Gas, Inc. v. ShipleySupreme Court of Arkansas · 1975