43 Minn. 83 | Minn. | 1890
This is an action to recover damages for alleged fraudulent representations of the defendant respecting the title to real estate, by means of which, as it is claimed, the plaintiff Francis H. Cobb was induced to execute to the defendant a deed of conveyance of the property, conveying gratuitously an undivided one-third of it. When the plaintiff had closed his case, the court dismissed the action. Upon this appeal from an order refusing a new trial, we are to consider whether the case presented on the part of the plaintiff would have justified a recovery. This action relates to a block in Cobb’s addition to St. Anthony. In 1856 the land embracing that now in question was owned by the plaintiff Francis H. Cobb and his
Though it be conceded that under some circumstances false representations respecting title, inducing the making of a conveyance, may entitle the grantor to a remedy for the deceit, — as to which, however, see Robbins v. Hope, 57 Cal. 493, — yet we think that a right of action upon that ground can only be sustained under extraordinary circumstances, and certainly not under the circumstances of
Order affirmed.