Nowlin v. Snow
Michigan Supreme Court
Error to Wayne. Trespass on the case by Nowlin, who declares that Snow represented to him that he wished to sell or exchange certain real estate in Kansas worth certain specified sums, and that Nowlin, relying on his representations exchanged for it some land in Dearborn, Wayne county, Michigan, Snow agreeing to assume a certain mortgage, pay back-taxes on the Kansas lands, and also to pay Nowlin $1,200; he farther alleges that Show’s representations as to the value and…
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Error to Wayne. Trespass on the case by Nowlin, who declares that Snow represented to him that he wished to sell or exchange certain real estate in Kansas worth certain specified sums, and that Nowlin, relying on his representations exchanged for it some land in Dearborn, Wayne county, Michigan, Snow agreeing to assume a certain mortgage, pay back-taxes on the Kansas lands, and also to pay Nowlin $1,200; he farther alleges that Show’s representations as to the value and local advantages of the land were false and fraudulent, and claims damages. The court charged the jury to find for defendant…
1Opinion of the CourtMarston, J.
We are clearly of opinion that the court erred in withdrawing this case from the consideration of the jury. It is not very important whether we call the transaction between the parties a sale or an exchange, although we think the latter the more correct term. At the time the exchange was made, the parties did not stand upon an equal footing. The plaintiff had no knowledge whatever of the Kansas property except what he derived from the defendant, who claimed to have personal knowledge during the negotiations. The representations made could in no way be considered as mere matter of opinion as…
2Cited by11 opinions
- McDonald v. SmithMichigan Supreme Court · 1905
- Appalachian Railcar Services, Inc. v. Boatright Enterprises, Inc.District Court, W.D. Michigan · 2008
- Haven v. NealSupreme Court of Minnesota · 1890
- City of Tacoma v. Tacoma Light & Water Co.Washington Supreme Court · 1897
- Sutton v. GreinerSupreme Court of Iowa · 1916
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