Whitton v. Goddard
Supreme Court of Vermont
Action on the Case for deceit and false warranty on the sale of certain real estate by the defendant to the plaintiff. The defendant demurred generally to the whole declaration. Upon the hearing on the demurrer, June Term, 1862,— Kellogg, J., presiding, — the court adjudged the declaration to be insufficient, and rendered a judgment in favor of the defendant. To the said decision and judgment the- plaintiff excepted.
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Action on the Case for deceit and false warranty on the sale of certain real estate by the defendant to the plaintiff. The defendant demurred generally to the whole declaration. Upon the hearing on the demurrer, June Term, 1862,— Kellogg, J., presiding, — the court adjudged the declaration to be insufficient, and rendered a judgment in favor of the defendant. To the said decision and judgment the- plaintiff excepted. The fraud alleged is in substance set forth in the opinion of the court.
1Opinion of the CourtPeck, J.
This is an action on the case for a fraud in the sale of a lot of land by the defendant to the plaintiff. The declaration is in usual form, counting on false and fraudulent representations and warranty as to the amount of timber on the lot, alleging the scienter. The question is as to the sufficiency of the declaration upon general demurrer. The fraud alleged is in substance, that the defendant, to induce the plaintiff to make the purchase, fraudulently and deceitfully represented, asserted, affirmed and warranted the premises to have and contain thereon 3,000 spruce logs, (meaning that there…
2Cited by4 opinions
- Crompton v. BeedleSupreme Court of Vermont · 1910
- Belka v. AllenSupreme Court of Vermont · 1909
- Caldbeck v. SimantonSupreme Court of Vermont · 1909
- Randall v. FarnumSupreme Court of Vermont · 1880