Legal Opinion

Poland v. Brownell

Massachusetts Supreme Judicial Court

Decided April 8, 1881PublishedCited by 35 opinions

Tort for deceit in the sale of a half interest in a stock of goods and business. Answer, a general denial. Trial in the Superior Court, before Aldrich,, J., who directed a verdict for the defendant, and reported the ckse for the determination of this court, in substance as follows : The plaintiff, who was the only witness in the case, testified that he lived in Lynn; that he had been a bookkeeper fifteen years; that on or about January 1, 1879, he advertised in the papers…

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Tort for deceit in the sale of a half interest in a stock of goods and business. Answer, a general denial. Trial in the Superior Court, before Aldrich,, J., who directed a verdict for the defendant, and reported the ckse for the determination of this court, in substance as follows : The plaintiff, who was the only witness in the case, testified that he lived in Lynn; that he had been a bookkeeper fifteen years; that on or about January 1, 1879, he advertised in the papers for an interest in some business, and the defendant answered this advertisement; that he first saw the defendant, about…

1Opinion of the CourtColt, J.

To maintain this action, the plaintiff must prove that he was induced to buy the stock of goods and a share of the business in question by the fraudulent misrepresentation or concealment by the defendant of material facts, and that he suffered damage thereby. He has no cause of action if, having ample opportunity to examine the property, he saw fit to rely upon the statements of the seller concerning the value of the *142thing sold. It is everywhere understood that such statements and commendations are to be received with great allowance and distrust. Brown v. Castles, 11 Cush. 348, 350. Mooney…

2Cases cited3 opinions

  1. Parker v. MoultonMassachusetts Supreme Judicial Court · 1873
  2. Mooney v. MillerMassachusetts Supreme Judicial Court · 1869
  3. Pike v. FayMassachusetts Supreme Judicial Court · 1869

3Cited by35 opinions

  1. Long v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1907
  2. Whiting v. PriceMassachusetts Supreme Judicial Court · 1898
  3. Deming v. DarlingMassachusetts Supreme Judicial Court · 1889
  4. Ireland v. Louis K. Liggett Co.Massachusetts Supreme Judicial Court · 1922
  5. Brockton Olympia Realty Co. v. LeeMassachusetts Supreme Judicial Court · 1929

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