Johnson v. Holderman
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. James R. Bothwell, Judge. Action to foreclose mortgage. Judgment for plaintiff. A person may commit a fraud by asserting as a fact that which he merely believes. (20 Cyc. 19-27.) He who affirms either what he does not know to be true, or knows to be false, to another’s prejudice and his own gain, is both in morality and in law guilty of falsehood, and must answer in damages.
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APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. James R. Bothwell, Judge. Action to foreclose mortgage. Judgment for plaintiff. A person may commit a fraud by asserting as a fact that which he merely believes. (20 Cyc. 19-27.) He who affirms either what he does not know to be true, or knows to be false, to another’s prejudice and his own gain, is both in morality and in law guilty of falsehood, and must answer in damages. (Munroe v. Pritchett, 16 Ala. 785, 50 Am. Dec. 203; Mayer v. Salazar, 84 Cal. 646, 24 Pac. 597; Lahay v. City Nat. Bank of…
1Opinion of the CourtMorgan, J.
This action was instituted by respondent to foreclose a mortgage given to secure the payment of *693$1,450, being a part of the purchase price of certain Carey Act land, sold by respondent to appellants, situated in Twin Falls county. Appellants filed a cross-complaint alleging damage by reason of misrepresentations made by respondent, whereby they were induced to purchase the land and" water rights appurtenant thereto. The misrepresentations complained of were to the effect that the water rights conveyed would insure a supply of water sufficient to properly irrigate the land and not less than…
2Cases cited7 opinions
- Kountze v. . KennedyNew York Court of Appeals · 1895
- Hodgkins v. DunhamCalifornia Court of Appeal · 1909
- Parker v. HerronIdaho Supreme Court · 1917
- Toner v. MeussdorfferCalifornia Supreme Court · 1899
- Athey v. Oregon Short Line RailroadIdaho Supreme Court · 1917
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Barron v. KoenigIdaho Supreme Court · 1958
- Lott v. TaylorIdaho Supreme Court · 1939
- J. I. Case Co. v. BirdIdaho Supreme Court · 1932
- Hoagland v. GarrisonIdaho Supreme Court · 1920
- Dellwo v. PetersenIdaho Supreme Court · 1919
2 more not listed; retrieve them via the Exa API.