Legal Opinion

Belka v. Allen

Supreme Court of Vermont

Decided October 9, 1909PublishedCited by 33 opinions

Case for deceit in the sale of a farm. Plea, the general issue. Trial by jury at tbe September Term, 1908, Chittenden County, Waterman, J., presiding. Verdict and judgment tor tbe defendant. Tbe plaintiffs excepted. The opinion states tbe case. It was error to exclude plaintiffs’ offered evidence of defendant’s offer to resell tbe property at one-half tbe former price.

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Case for deceit in the sale of a farm. Plea, the general issue. Trial by jury at tbe September Term, 1908, Chittenden County, Waterman, J., presiding. Verdict and judgment tor tbe defendant. Tbe plaintiffs excepted. The opinion states tbe case. It was error to exclude plaintiffs’ offered evidence of defendant’s offer to resell tbe property at one-half tbe former price. Fraud may be proved by circumstances, and gross exaggeration of price is a badge of fraud on tbe part of tbe seller. Gordon v. Ismay, 55 Mo. App. 323; Stauffer v. Young, 39 Pa. St. 455; Vigus v. O’Bannon, 118 111. 334; Gist v.…

1Opinion of the CourtPowers, J.

This is an action on the case for deceit in the sale of a farm situated in Bristol and Starksboro known as the Eddy Farm. In the winter of 1900, the plaintiffs were living on a farm in Ferrisburgh which they had bought of the defendant and wished to buy a larger one. The defendant, as administrator of his father’s estate, had the control and sale of the Eddy Farm, and negotiations were opened for its purchase by the plaintiffs. Albert Belka visited the farm with the defendant, and a little later went there with his wife, and still later consummated a trade for the place with the defendant at…

2Cases cited14 opinions

  1. Mooney v. MillerMassachusetts Supreme Judicial Court · 1869
  2. Smith v. Central Vermont Railway Co.Supreme Court of Vermont · 1907
  3. Reeves v. CorningU.S. Circuit Court for the District of Indiana · 1892
  4. State v. DohertySupreme Court of Vermont · 1900
  5. Crampton v. Valido Marble Co.Supreme Court of Vermont · 1888

9 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Crompton v. BeedleSupreme Court of Vermont · 1910
  2. Smith v. MartinSupreme Court of Vermont · 1919
  3. Spaulding v. Mutual Life InsuranceSupreme Court of Vermont · 1920
  4. Horner v. WagyOregon Supreme Court · 1944
  5. Harponola Co. v. WilsonSupreme Court of Vermont · 1923

28 more not listed; retrieve them via the Exa API.

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