Hoagland v. Garrison
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Canyon CountyHon. Ed. L. Bryan, Judge. Action for damages and upon contract to pay an amount equal to a- portion of certain indebtedness secured by mortgage. Judgment for defendants.
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APPEAL from the District Court of the Seventh Judicial District, for Canyon CountyHon. Ed. L. Bryan, Judge. Action for damages and upon contract to pay an amount equal to a- portion of certain indebtedness secured by mortgage. Judgment for defendants. “False representations as to the condition, situation, and value of real estate knowingly made by the vendor to the purchaser are not actionable unless the purchaser has been fraudulently induced to forbear inquiry a$ to their truth, and in such case the means by which he has'been thus induced to forbear inquiry must be specifically set forth in…
1Opinion of the CourtMorgan, C. J.
Appellants commenced this action to recover $715.35, which they claim is due them as a result of an exchange of real estate with respondents.
The first cause of action is based on fraud in that, it is alleged, respondents represented to appellants that the unpaid principal of the indebtedness secured by two mortgages on a portion of the property, which was traded to them subject to the encumbrance, was approximately $4,500 when, in fact, it was $5,215.35. The second cause of action is based on an alleged promise by respondents to pay to appellants any sum secured by the mortgages in excess of…
2Cases cited2 opinions
- Parker v. HerronIdaho Supreme Court · 1917
- Johnson v. HoldermanIdaho Supreme Court · 1917
3Cited by1 opinion
- Lott v. TaylorIdaho Supreme Court · 1939