Brady v. Finn
Massachusetts Supreme Judicial Court
Tort, for deceit. The amended declaration alleged that the defendant induced the plaintiff to exchange a parcel of land, with a dwelling-house thereon, situate in Holyoke, which she owned, and which was fairly worth $2,500 over and above all encumbrances, for a farm of his situate in Holyoke, together with ten cows, a pair of horses, five hundred bushels of potatoes, four hundred bushels of corn, and all the tools, vehicles, and other articles of personal property then on…
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Tort, for deceit. The amended declaration alleged that the defendant induced the plaintiff to exchange a parcel of land, with a dwelling-house thereon, situate in Holyoke, which she owned, and which was fairly worth $2,500 over and above all encumbrances, for a farm of his situate in Holyoke, together with ten cows, a pair of horses, five hundred bushels of potatoes, four hundred bushels of corn, and all the tools, vehicles, and other articles of personal property then on the farm and necessary for carrying on the farm, and, in further payment for the farm and personal property, induced her…
1Opinion of the CourtLathrop, J.
The amended declaration in this case is inartificially drawn, but it was not demurred to, and we are of opinion that it sets forth a cause of action with sufficient precision to support a verdict. Fraud is undoubtedly the gist of the action, and in some form must be alleged and proved. The declaration sets forth certain facts to have been stated by the defendant, and their falsity, and also alleges the defendant’s knowledge of their falsity. See Litchfield v. Hutchinson, 117 Mass. 195; Holst v. Stewart, 154 Mass. 445. The representations made were of material facts which were susceptible of…
2Cases cited6 opinions
- Litchfield v. HutchinsonMassachusetts Supreme Judicial Court · 1875
- Holst v. StewartMassachusetts Supreme Judicial Court · 1894
- Roberts v. City of BostonMassachusetts Supreme Judicial Court · 1889
- Brigham v. EvansMassachusetts Supreme Judicial Court · 1873
- Croak v. OwensMassachusetts Supreme Judicial Court · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Yorke v. TaylorMassachusetts Supreme Judicial Court · 1955
- Long v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1907
- Hotaling v. A. B. Leach & Co.New York Court of Appeals · 1928
- Commonwealth v. JohnsonMassachusetts Supreme Judicial Court · 1908
- American Malting Co. v. Souther Brewing Co.Massachusetts Supreme Judicial Court · 1907
18 more not listed; retrieve them via the Exa API.