Stewart v. Stearns
Supreme Court of New Hampshire
Case, for deceit in the sale of a stock of goods. Facts found by a referee. By a writing made January 6, 1880, the defendant agreed to sell his stock of goods in Concord to the plaintiff “for what said goods were worth, or would cost January 1,1880 * *; that said Stewart may show the prices of each class of goods, as appraised or rated in the first instance by said Stearns, to persons who are acquainted with the value of such goods, and that such persons shall make’ suck…
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Case, for deceit in the sale of a stock of goods. Facts found by a referee. By a writing made January 6, 1880, the defendant agreed to sell his stock of goods in Concord to the plaintiff “for what said goods were worth, or would cost January 1,1880 * *; that said Stewart may show the prices of each class of goods, as appraised or rated in the first instance by said Stearns, to persons who are acquainted with the value of such goods, and that such persons shall make’ suck changes in the prices carried out by said Stearns as shall correct any mistake made by his estimate, and shall make the…
1Opinion of the Court
Clark J.
The finding of the referee is authorized by the facts, appearing in the case. If the defendant made false and fraudulent representations upon material matters, calculated and intended to mislead and prevent examination and inquiry as to the quality and character of the stock of goods, to induce the plaintiff to make the trade, and the plaintiff, in the exercise of ordinary prudence, relying upon such representations as true, was induced to enter into the contract and was thereby defrauded, he is entitled to damages.
Upon competent evidence the referee has found that the defendant,…
2Cases cited2 opinions
- Parker v. MoultonMassachusetts Supreme Judicial Court · 1873
- Poland v. BrownellMassachusetts Supreme Judicial Court · 1881
3Cited by5 opinions
- Sleeper v. SmithSupreme Court of New Hampshire · 1914
- Hess v. ShurtleffSupreme Court of New Hampshire · 1906
- Ouilette v. TheobaldSupreme Court of New Hampshire · 1918
- Perry v. HardySupreme Court of New Hampshire · 1901
- Spead v. TomlinsonSupreme Court of New Hampshire · 1904