 | 1866 - 1074 páginas
...Omerod v. Hutts (14 M. & W. G64), Tindal, CJ, after stating, that if a representation of quality is honestly made, and believed at the time to be true...party making it, though not true in point of fact, no action lies, observes as follows : — " Although the cases may in appearance raise some difference... | |
 | Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1846 - 944 páginas
...he can shew that the representation was bottomed in fraud. If, indeed, the representation was false to the knowledge of the party making it, this would...amount to fraud in law, but that the rule of caveat emptor applies, and the representation itself does not furnish a ground of action. And although the... | |
 | Joseph Chitty - 1847 - 1002 páginas
...can show that the representatior. was bottomed in fraud ; if, indeed, the representation was false to the knowledge of the party making it, this would...party making it, though not true in point of fact, this does not amount u fraud in law, the rule of caveat emptor applies, and the representation itself... | |
 | John William Smith - 1847 - 438 páginas
...can show that the representation was bottomed in fraud. If, indeed, the representation •was false to the knowledge of the party making it, this would, in general, be conclusive evidence of fraud ; monly occur in practice of implied prohibition are in cases in which an act does not in express but... | |
 | Georgia. Supreme Court - 1869 - 792 páginas
...to do, "that if, indeed, the representations were false, to the knowledge of the party making them, this would, in general, be conclusive evidence of fraud ; but if the representations were honestly made, and believed at the time to be true by the party making them, though... | |
 | Georgia. Supreme Court - 1849 - 714 páginas
...indeed, the reptesentation was false, to the knowledge of the party making it, this would be, in general, conclusive evidence of fraud ; but if the representation...believed at the time to be true, by the party making it, although not true in point of fact, we do not think that this amounts to fraud in law." 14 SI. If W.... | |
 | Herbert Broom - 1852 - 616 páginas
...ho can show that the representation was bottomed in fraud. If, indeed, the representation was false to the knowledge of the party making it, this would...conclusive evidence of fraud ; but if the representation 1 Fuller v. Wilson, 3 QB 58 ; ECLK 43. The facts of this case were afterwards turned into a special... | |
 | John Adams - 1852 - 816 páginas
...explicitly agreed that they shall do so ; but if a warranty or covenant is not given, a mere representation honestly made, and believed at the time to be true by the party making it, though not true in fact, does not amount to fraud, (q) (d) Vernon v. Keys, 12 East, 63. (p) Smith v. Clarke, 12 Ves. 477... | |
 | Asa Kinne - 1852 - 358 páginas
...he can show that the representation was bottomed in fraud. If, indeed, the representation was false to the knowledge of the party making it, this would...in general be conclusive evidence of fraud ; but if SENIOR CREtflTOH, ETC. 201 the representation was honestly made, and believed at the time to be true... | |
 | John William Smith - 1853 - 488 páginas
...he can show that the representation was bottomed in fraud. If, indeed, the representation was false to the. knowledge of the party making it, this would,...believed at the time to be true by the party making it, although not true in point of fact, we think this does not amount to fraud in law; but that the rule... | |
| |
... if the representation was honestly made, and believed at the time to be true by the party making it, though not true in point of fact, we think this does not amount to fraud in law, but that the rule of caveat emptor applies, and the representation... 
