Shanks v. Whitney
Supreme Court of Vermont
Case for deceit in the exchange of real estate. Plea, the general issue. Trial by jury at the September term, 1892, Windham county, Munson, J., presiding. Verdict and judgment for the plaintiff. The plaintiff owned a farm situated in Guildford, Vt., and the defendant Zulima A. Whitney, the wife of the defendant E. T. Whitney, owned a lot on which were certain tenement houses in the city of Boston.
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Case for deceit in the exchange of real estate. Plea, the general issue. Trial by jury at the September term, 1892, Windham county, Munson, J., presiding. Verdict and judgment for the plaintiff. The plaintiff owned a farm situated in Guildford, Vt., and the defendant Zulima A. Whitney, the wife of the defendant E. T. Whitney, owned a lot on which were certain tenement houses in the city of Boston. In December, 1890, the plaintiff and the defendant E. T. Whitney, acting for his wife, entered into negotiations for an exchange of these properties, which finally resulted in a written contract for…
1Opinion of the CourtRoss, C. J.
To constitute actionable fraud or deceit in the sale of property, the false representations or concealments must be of existing facts — not of facts that will exist, nor of promises, nor of matters of judgment, nor of opinion — relating to the subject matter of contract, affecting its essence and substance, known to be false by the vendor, not open to the knowledge of nor known by the purchaser, made by the vendor, aud relied upon by the purchaser, as inducements to the contract. Childs v. Merrill, 63 Vt. 463; Palmer v. Bell, 85 Me. 352; Burns v. Dackary, 156 Mass. 135; Nash v. Minn. Title…
2Cases cited3 opinions
- Burns v. DockrayMassachusetts Supreme Judicial Court · 1892
- Childs v. MerrillSupreme Court of Vermont · 1891
- Palmer v. BellSupreme Judicial Court of Maine · 1893
3Cited by13 opinions
- Gustafson v. RustemeyerSupreme Court of Connecticut · 1898
- Belka v. AllenSupreme Court of Vermont · 1909
- Hunt v. LewisSupreme Court of Vermont · 1914
- Donovan v. TowleSupreme Court of Vermont · 1926
- Druke v. Town of NewfaneSupreme Court of Vermont · 1979
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