Fishback v. Miller
Nevada Supreme Court
Appeal from the District Court of the Sixth Judicial District, White Pine County. The facts are stated in the opinion. I. The fifth instruction given to the jury is not only too broad, and therefore misleading, but is entirely erroneous in point of law. Where the representations were express, and in writing, the purchaser has a right to rely upon them, and is not bound to “ test their truth or falsehood,” by any “vigilance or attention.” (Mead v. Bunn, 32 N. Y. 275; Rischv.
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Appeal from the District Court of the Sixth Judicial District, White Pine County. The facts are stated in the opinion. I. The fifth instruction given to the jury is not only too broad, and therefore misleading, but is entirely erroneous in point of law. Where the representations were express, and in writing, the purchaser has a right to rely upon them, and is not bound to “ test their truth or falsehood,” by any “vigilance or attention.” (Mead v. Bunn, 32 N. Y. 275; Rischv. Von Lillienthal, 34 Wis. 250.) Caveat emptor does not apply to the solemn assurances of tbe vendor, and a man lias a…
1Opinion of the Court
By the Court,
Beatty, C. J.:
This is an action on a promissory note. The defense is fraud and failure of consideration. The following is the substance of the answer: It is alleged that prior to March 3, 1869, plaintiff and others were owners of a pretended quartz lode, situated in White Pine county, in this state; that, being desirous of selling the same, they conveyed their respective interests to J. C. Powell, who afterwards, at the city of San Francisco, opened negotiations with defendant for the sale to him of said mine; that said Powell, on the third of March, 1869, and at divers .times…
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- David v. MooreOregon Supreme Court · 1905
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