Somers v. Richards
Supreme Court of Vermont
Case for deceit in the sale of a patent-right. Plea, the general issue, and trial by the court, December term, 1872, Ross, J., presiding. The declaration contained three counts.
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Case for deceit in the sale of a patent-right. Plea, the general issue, and trial by the court, December term, 1872, Ross, J., presiding. The declaration contained three counts. The first count alleged, “ That whereas, before and at the time of the committing of the grievances by the defendant, as hereafter next mentioned, the said defendant was possessed of an interest in a certain patent-right, called and known by the name of Stanly’s Patent Blast Elevator, and the said defendant being desirous of selling and disposing of said patent-right, .or some part thereof, heretofore, to wit, on the…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
This is an action on the case for deceit in sell- j ing a patent-right. Learned counsel for the defendant err when! they say that all the representations made by the defendant were mere expressions of opinion. Though the court found that sev-[ eral of the representations alleged in the declaration were mere expressions of opinion, it was also found that other alleged rep- j r'esentations were the assertion of facts as having actually oc- J curred; and that those latter representations were false and : fraudulent, and that they were effectual…
2Cited by4 opinions
- Commonwealth Fuel Co. v. McNeilSupreme Court of Connecticut · 1925
- Vaillancourt v. Grand Trunk Railway Co.Supreme Court of Vermont · 1909
- Long v. DavisSupreme Court of Iowa · 1907
- National Bank of Anadarko v. OldhamSupreme Court of Oklahoma · 1910