Perkins v. Lougee
Nebraska Supreme Court
, Error from the district court for Buffalo county. The facts are sufficiently stated in the opinion. The facts stated in defendant’s answer do not constitute a defense. 1. False representations to constitute fraud must be made concerning an existing fact. 2. False representations promissory in their nature are not sufficient to found an action for fraud. 3. The false statement of an opinion is insufficient, and the expression of intention to act in future is neither more…
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, Error from the district court for Buffalo county. The facts are sufficiently stated in the opinion. The facts stated in defendant’s answer do not constitute a defense. 1. False representations to constitute fraud must be made concerning an existing fact. 2. False representations promissory in their nature are not sufficient to found an action for fraud. 3. The false statement of an opinion is insufficient, and the expression of intention to act in future is neither more nor less than an opinion. Long v. Woodmmi, 58 Me., 49. Hazard v. Irwin, 18 Pick., 95. Pedriek v. Porter, 5 Allen, 324.…
1Opinion of the CourtMaxwell, J.
The plaintiff on the twenty-eighth day of February, 1873, sold to the defendant lot twenty in Perkins and Harford’s second addition to the town of Kearney Junction, for the sum of $300; $100 of which sum was paid at the time of entering into said contract for the sale of said lot; $100 with interest, was to be paid in one year from that date, and $100 with interest to be paid in two years from date. The defendant afterwards paid thereon the sum of $25. This is an action for the unpaid purchase money. The defendant answered : “ That immediately prior to the execution and delivery of the said…
2Cases cited2 opinions
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