Legal Opinion

Moynes v. Applebaum

Michigan Supreme Court

Decided March 30, 1922No. Docket No. 128PublishedCited by 8 opinions

Error to Wayne; Des Vbignes (L. Burget), J., presiding. Assumpsit by James A. Moynes and another against Isaac Applebaum and another for fraud in the sale of certain real estate. Judgment for plaintiffs. Defendants bring error.

1Opinion of the CourtFellows, C. J.

Plaintiffs bring this action to recover damages for fraud claimed to have been perpetrated on them by the agents of defendants in the sale of residential property in the city of Detroit. The claimed fraudulent representations were that the house was stucco on tile, whereas in fact it was stucco on wood, making it less valuable than as represented. There was proof tending to show such representations by defendants’ agents. The undisputed testimony shows that Mr. Applebaum and his wife had no knowledge of such representation. They were away from home when the transaction occurred. Harry…

2Cases cited18 opinions

  1. Wheeler v. BaarsSupreme Court of Florida · 1894
  2. Samson v. BealeWashington Supreme Court · 1902
  3. Busch v. WilcoxMichigan Supreme Court · 1890
  4. Law v. GrantWisconsin Supreme Court · 1875
  5. Haskell v. StarbirdMassachusetts Supreme Judicial Court · 1890

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3Cited by8 opinions

  1. Ferguson v. GonyawMichigan Court of Appeals · 1975
  2. Groening v. OpsataMichigan Supreme Court · 1948
  3. Miskiewicz v. SmolenskiMichigan Supreme Court · 1929
  4. Strand v. Librascope, IncorporatedDistrict Court, E.D. Michigan · 1961
  5. Ralston Purina Co. v. NovakCourt of Appeals for the Eighth Circuit · 1940

3 more not listed; retrieve them via the Exa API.

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