Legal Opinion

Mabardy v. McHugh

Massachusetts Supreme Judicial Court

Decided May 21, 1909PublishedCited by 66 opinions

Tort for deceit in the sale of land. Writ in the Superior Court for the county of Middlesex dated January 18, 1906. The ease was tried before Stevens, J. The facts are stated in the opinion. The jury found for the defendants; and the plaintiffs alleged exceptions. The case was submitted on briefs.

1Opinion of the CourtRugg, J.

This is an action of tort sounding in deceit. There was evidence tending to show that the plaintiffs went upon a certain irregularly shaped tract of land (for false representations inducing the purchase of which this action was brought) with one of the defendants, who pointed out the true boundaries and fraudulently stated that the tract contained sixty-five acres, when in fact it contained forty and three fourths acres. Upon this aspect of the evidence, the trial judge instructed the jury *149that “if the plaintiffs . . . were taken over the farm by th defendants ... or [and] were shown the…

2Cases cited47 opinions

  1. Pollock v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1895
  2. Slaughter's Administrator v. GersonSupreme Court of the United States · 1872
  3. Barden v. Northern Pacific RailroadSupreme Court of the United States · 1894
  4. Holmes v. HuntMassachusetts Supreme Judicial Court · 1877
  5. John Goodtitle v. Gaius KibbeSupreme Court of the United States · 1850

42 more not listed; retrieve them via the Exa API.

3Cited by66 opinions

  1. Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909
  2. Yorke v. TaylorMassachusetts Supreme Judicial Court · 1955
  3. Reggio v. WarrenMassachusetts Supreme Judicial Court · 1911
  4. Keyes v. Construction Service, Inc.Massachusetts Supreme Judicial Court · 1960
  5. Dzuris v. PierceMassachusetts Supreme Judicial Court · 1913

61 more not listed; retrieve them via the Exa API.

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