Holcomb v. Noble

This action is on the case to recover damages for misrepresentation of the value and quality of certain lands. The plaintiff was shown to have been deceived, to his damage, concerning the lands, and there is no real dispute concerning it. The only defense which has any plausibility is that no actual fraud was intended.

The fact that the declaration contains charges of fraudulent and deceitful purposes does not in itself have any bearing on this question, or compel plaintiff to prove it. Such allegations were contained formerly in nearly every action on the case, and are of no more importance…