Olcott v. Bolton
Nebraska Supreme Court
Appeal from the district court of Lancaster county. Heard below before Strode, J. The opinion contains a statement of the'case. On plaintiff’s own evidence the representations were not in the nature of warranty, but at most a mere expression of opinion, which the evidence shows beyond doubt, and the court affirmatively finds, were stated in good faith. Upon the proofs and findings, in any event, a decree should have been entered in favor of this appellant.
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Appeal from the district court of Lancaster county. Heard below before Strode, J. The opinion contains a statement of the'case. On plaintiff’s own evidence the representations were not in the nature of warranty, but at most a mere expression of opinion, which the evidence shows beyond doubt, and the court affirmatively finds, were stated in good faith. Upon the proofs and findings, in any event, a decree should have been entered in favor of this appellant. (Adams, Equity [7th ed.], p. 178; Spence v. Duren, 3 Ala., 251; Pasley v. Freeman, 3 T. R. [Eng.], 51; Freeman v. Baker, 5 B. & Ad.…
1Opinion of the CourtHarrison, J.
In this, an action instituted in the district court of Lancaster county, the appellee sought and was accorded a decree by which was effected a rescission of a contract of sale to him by appellant of a number of shares of the stock of the Nebraska Savings Bank. The grounds for rescission were the alleged false representations of the appellant, by which, it was claimed, the appellee was induced to purchase the stock. The sale was made on or about January 7,1893, and this suit was brought June 22 of the same year. Defendant’s answer contained a denial of any false representations on his part,…
2Cases cited1 opinion
- Stetson v. RiggsNebraska Supreme Court · 1893
3Cited by11 opinions
- O'Quinn v. NothaffSupreme Court of Oklahoma · 1922
- Yates v. Jones National BankNebraska Supreme Court · 1905
- Brucker v. KairnNebraska Supreme Court · 1911
- Dwinell v. WatkinsNebraska Supreme Court · 1910
- McCandless v. GreuselNebraska Supreme Court · 1919
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