Messer v. Smyth
Supreme Court of New Hampshire
Writ ok Entry, to foreclose a mortgage. The defendant filed a brief statement, claiming a deduction from the amount due on the note secured by the mortgage, .on the ground that the note was given in part payment for the farm covered by the mortgage, and that the defendant was induced to purchase the farm of the plaintiff, and pay more than it was worth, by reason of false representations ■of the plaintiff as to the productiveness of the farm and its capacity .to produce…
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Writ ok Entry, to foreclose a mortgage. The defendant filed a brief statement, claiming a deduction from the amount due on the note secured by the mortgage, .on the ground that the note was given in part payment for the farm covered by the mortgage, and that the defendant was induced to purchase the farm of the plaintiff, and pay more than it was worth, by reason of false representations ■of the plaintiff as to the productiveness of the farm and its capacity .to produce crops. The plaintiff requested the court to instruct the jury that representations made by the plaintiff relating to the…
1Opinion of the CourtClark, J.
Whether a false representation made by the vendor in a material matter, in a sale of land, is actionable, depends upon whether it relates to a matter concerning which both parties have not equal means of knowledge, and whether it is an expression of opinion or an affirmation of a fact. If it relates to a matter concerning which both the vendor and purchaser have equal means of knowledge, the maxim caveat emptor applies, and the purchaser is without remedy if he neglects to give attention to the means of knowledge accessible to him. He is not, however, required to exhaust all the sources of…
2Cases cited5 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
- Morse v. ShawMassachusetts Supreme Judicial Court · 1878
- Irving v. ThomasSupreme Judicial Court of Maine · 1841
- Martin v. JordanSupreme Judicial Court of Maine · 1872
- Bean v. HerrickSupreme Judicial Court of Maine · 1835
3Cited by4 opinions
- Anderson v. ScottSupreme Court of New Hampshire · 1900
- Brown v. FitzgeraldSupreme Court of New Hampshire · 1899
- Partridge v. USAA Life Insurance Co.District Court, D. New Hampshire · 2015
- Spead v. TomlinsonSupreme Court of New Hampshire · 1904