Legal Opinion

Matlock v. Reppy

Supreme Court of Arkansas

Decided May 15, 1886PublishedCited by 39 opinions

APPEAL from Hempstead Circuit Court. Hon. C. E. Mitchel, Circuit Judge. In Byardv. Holmes, 34 N. J. L., 296, Mr. Justice Woodhull, in speaking of an action like this, said: “The action being grounded on fraud in the defendant, concurring with damage to the plaintiff resulting from that fraud, to maintain it the plaintiff must allege, with reasonable certainty, and be prepared to prove, at least three things: 1. That the defendant made some representation to the plaintiff…

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APPEAL from Hempstead Circuit Court. Hon. C. E. Mitchel, Circuit Judge. In Byardv. Holmes, 34 N. J. L., 296, Mr. Justice Woodhull, in speaking of an action like this, said: “The action being grounded on fraud in the defendant, concurring with damage to the plaintiff resulting from that fraud, to maintain it the plaintiff must allege, with reasonable certainty, and be prepared to prove, at least three things: 1. That the defendant made some representation to the plaintiff meaning that he should act upon it. 2. That such representation was false, and that the defendant, when he made it, knew it…

1Opinion of the Court

Geo. W. Caruth, Special Judge.

Samuel A. Reppy, the appellee, in 1873 was the owner of an improved fruit farm in the State of Missouri, and put it on the market for sale or exchange. On the 26th day of October, 1873, one R. E. Arrington, in company with others, came to Reppy’s farm, looked over the place, including the orchard and premises generally, an-d closely examined the house. Nothing came of this visit Í but about seventeen days thereafter Reppy received a letter from Arrington, in which he proposed to purchase the farm, and pay for the same by assuming certain incumbrances thereon,…

2Cases cited1 opinion

  1. Murray v. JenningsSupreme Court of Connecticut · 1875

3Cited by39 opinions

  1. Howe v. MartinSupreme Court of Oklahoma · 1909
  2. Wilson v. HundleySupreme Court of Virginia · 1898
  3. Holcomb & Hoke Mfg. Co. v. JonesSupreme Court of Oklahoma · 1924
  4. Neely v. RembertSupreme Court of Arkansas · 1902
  5. McCormick v. DaggettSupreme Court of Arkansas · 1924

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