Osborn v. Will

No exception can be taken to the general principles of law stated in the majority opinion. But I think plaintiffs’ evidence brings this case under the rule stated in the last two sentences of the following quotation from Elphick v. Hoffman, 49 Conn. 331, 332:

“If the alleged false representations did not induce the respondent to make the purchase, then it is a case of fraud without damage. If he refused to accept the representation unless put in the form of a guarantee, his only redress is on the contract. He is not at liberty to lay that aside and resort to fraud. But even if we may suppose…