David v. Park
Massachusetts Supreme Judicial Court
Two actions of tort for deceit. The declaration in the first action alleged that the defendant, to induce the plaintiff to purchase his rights, in certain towns, under letters patent of the United States for an “ improvement in well tubes,” represented to the plaintiff that the patent included a certain apparatus for driving down well tubes, and the defendant was possessed of the exclusive right to said apparatus; but that the representations were false and known by the…
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Two actions of tort for deceit. The declaration in the first action alleged that the defendant, to induce the plaintiff to purchase his rights, in certain towns, under letters patent of the United States for an “ improvement in well tubes,” represented to the plaintiff that the patent included a certain apparatus for driving down well tubes, and the defendant was possessed of the exclusive right to said apparatus; but that the representations were false and known by the defendant to be so; and that the plaintiff, being induced by foe false representations, bought said rights under said…
1Opinion of the CourtGray, J.
Neither of the grounds assigned by the learned judge who presided at the trial, for the ruling under which a verdict was returned for the defendant in each of these cases, is tenable.
1. The evidence introduced tended to show that the defendant falsely and fraudulently stated, as of his own knowledge, and not as matter of opinion, in the one case, that he had the inter *503est in the patent right which he undertook to sell, and in the other, that the invention was not covered by any other patent. A distinct statement of such a fact by a seller, knowing it to be false, and with intent to deceive…
2Cases cited2 opinions
- Nash v. LullMassachusetts Supreme Judicial Court · 1869
- Watson v. AtwoodSupreme Court of Connecticut · 1856
3Cited by44 opinions
- Yorke v. TaylorMassachusetts Supreme Judicial Court · 1955
- Wheeler v. BaarsSupreme Court of Florida · 1894
- Aronson v. OrlovMassachusetts Supreme Judicial Court · 1917
- Strand v. GriffithCourt of Appeals for the Eighth Circuit · 1899
- Curtley v. Security Savings SocietyWashington Supreme Court · 1907
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