Sherwood v. Salmon
Supreme Court of Connecticut
In the Court below, 1 HIS was an action or the case. The declaration waá as follows: “ That on or about the 1st day of December, “ 1794, the defendant applied to the plaintiffs, and proposed “ to sell to them 32,162 acres of land, lying in the Com- “ monwealth of Virginia, being in nine entire pieces, or par* “ cels of land, and part of two other tracts, or pieces, situate “ on the waters of Tyger-valley River, in part, and part on “ the waters of Big Elk River, in the…
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In the Court below, 1 HIS was an action or the case. The declaration waá as follows: “ That on or about the 1st day of December, “ 1794, the defendant applied to the plaintiffs, and proposed “ to sell to them 32,162 acres of land, lying in the Com- “ monwealth of Virginia, being in nine entire pieces, or par* “ cels of land, and part of two other tracts, or pieces, situate “ on the waters of Tyger-valley River, in part, and part on “ the waters of Big Elk River, in the County of Randolph, “ which was formerly a part of Harrison County ; and was “ surveyed for Joseph and Thomas Penndl, in the…
1Opinion of the Court
By Tire Court
unanimously, the judgment was reversed.
The questions are, was the declaration sufficient, and the issue material ?
*136- With respect to the first.—The maxim caveat emfitor applies forcibly in this case. The law redresses those only who use due diligence to protect themselves :—Such diligence as prudent men ordinarily use—The quality of land, on which its value depends, and which is too various for-a market standard, the purchaser can see, if he will but look. And the course that prudence has established, requires that he should look ; if not with his own eyes, by those of an agent,…
2Cited by6 opinions
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- Henderson v. HenshallCourt of Appeals for the Ninth Circuit · 1893
- Cowger v. GordonIndiana Supreme Court · 1835
- Baker v. EzzardDeKalb County Superior Court, Ga. · 1843
- Journey v. HuntSupreme Court of New Jersey · 1794
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