Barnes v. Union Pac. Ry. Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Colorado. At Law. Action by Thomas H. Barnes against the Union Pacific Railway Company to recover for false representations as to the ownership of land purchased by plaintiff. Judgment sustaining demurrer to amended complaint. Plaintiff brings error.
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In Error to the Circuit Court of the United States for the District of Colorado. At Law. Action by Thomas H. Barnes against the Union Pacific Railway Company to recover for false representations as to the ownership of land purchased by plaintiff. Judgment sustaining demurrer to amended complaint. Plaintiff brings error. Statement by SANBORN, Circuit Judge: This writ of error was sued out to reverse a judgment sustaining a general demurrer to the plaintiff’s amended complaint In this complaint the plaintiff alleged: That the defendant was the grantee from the United States of a railroad land…
1Opinion of the Court
SANBORN, Circuit Judge,
(after stating the facts.) A vendor who makes a false statement regarding a fact material to the sale, either with knowledge of its falsity, or in ignorance of its falsity, when from his special means of information he ought to have known it, and thereby induces his vendee to purchase, to his damage, is liable, in an action at law, for the damage the purchaser sustains through the misrepresentation, or to have the sale rescinded in a suit in equity, at the option of the purchaser. The boundaries, description, and title of the subject-matter of a sale are peculiarly…
2Cases cited25 opinions
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Cooper v. SchlesingerSupreme Court of the United States · 1884
- Paine v. . UptonNew York Court of Appeals · 1882
- Litchfield v. HutchinsonMassachusetts Supreme Judicial Court · 1875
- Clark v. . BairdNew York Court of Appeals · 1853
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3Cited by17 opinions
- McKinley v. WilliamsCourt of Appeals for the Eighth Circuit · 1896
- Wilson v. New United States Cattle-Ranch Co.Court of Appeals for the Eighth Circuit · 1896
- Pennok Oil Co. v. Roxana Petroleum Co.Court of Appeals for the Eighth Circuit · 1923
- Union Pac. Ry. Co. v. BarnesCourt of Appeals for the Eighth Circuit · 1894
- Arnold v. National Aniline & Chemical Co.Court of Appeals for the Second Circuit · 1927
12 more not listed; retrieve them via the Exa API.