Baker v. Ezzard
DeKalb County Superior Court, Ga.
Motion for a New Trial. 1. Fraudulent representations, in the sale of lands, as to their quality, are actionable. 2. A new trial will be granted, for misdirection of the Judge, in matters of law, material to the issue. This case was refered to me, for decision, by an order, passed at the last term of De Kalb Superior Court.
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Motion for a New Trial. 1. Fraudulent representations, in the sale of lands, as to their quality, are actionable. 2. A new trial will be granted, for misdirection of the Judge, in matters of law, material to the issue. This case was refered to me, for decision, by an order, passed at the last term of De Kalb Superior Court. The original action was brought, upon a promissory note, made by defendants, and payable to one James A. Cooper, or bearer, andHty said Cooper transferred to the present plaintiff'. The defence set up, to the payment of the note, on the trial, was, that the note was given…
1Opinion of the Court
Upon the trial, the counsel for the defendants moved the Court, to instruct the Jury, that a false and fraudulent representation, by the vendor, as to the quality of the land sold, is the subject matter of action ; and if they believed that such false and fraudulent representations were made, by the vendor, and that the defendants were damaged by them, to the amount of the note sued on ; they would find a verdict for the defendants.
This instruction the Court refused to give; but gave the contrary, viz. That a vendor of real estate is not responsible, in damages, for false and fraudulent…
2Cases cited5 opinions
- Sherwood v. SalmonSupreme Court of Connecticut · 1813
- Dudley v. SumnerMassachusetts Supreme Judicial Court · 1809
- Hoyt v. DimonSupreme Court of Connecticut · 1813
- Wardell v. HughesNew York Supreme Court · 1829
- Sherwood v. SalmonSupreme Court of Connecticut · 1805