63 Vt. 570 | Vt. | 1891
The opinion of the court was delivered by
The plaintiff purchased a horse of the defendant. He seeks to recover damages growing out of the purchase, on two grounds : First, that the defendant warranted the horse to be sound and kind, and secondly, that he fraudulently
The plaintiff, to'sustain the contention that he had the right to have the jury thus instructed on the count in deceit, relies upon Twitchell v. Bridge, 42 Vt. 68 ; Cabot v. Christie, 42 Vt. 121; and Rowell v. Chase, 61 N. H. 135. As said by Judge Peck, in Twitchell v. Bridge: “ The affirmation of what one does not know, or believe to be true, intentionally made to induce another to enter into a contract, if it turns out to be false, is in law as un. justifiable as the affirmation of what he knoAvs to be false.” Or by Judge Steele, in Cabot v. Cristie: “ A party may be guilty of fraud by stating his belief as knowledge.” * * * “ A representation of a fact, as of the party's own knowledge, if it proves false, is, unless explained, inferred to be wilfull/y false, and made with intent to deceive, at least in respect to the knowledge which is professed.” * * * “ A party who is aware that he has only an opinion how a fact is, and represents that opi/nion as knowledge, does not believe his representation to be true; ” or by Carpenter, J., in Rowell v. Chase: “The fraud consists in affirming actual knowledge of that which is capable of being known, but is, in fact, not known, with an intent to deceive. It is substantially the affirmation of a fact either known to be false or not known to be true, with fraudulent intent.” Prom these varying statements it is seen, that the fraud in this class of cases, consists in passing the party’s opinion, and which he knows is only an opinion, upon the other party for actual knowledge. In such a case the party knows that his representation is false, in that, it is not of his knowledge; and the ease falls within the statement of the law made by the court beloAv. If, however, there had been evidence in the case fairly tending to show that the defendant had no knowledge in regard to the claimed qualities and characteristics of the horse, it might have been the duty of the court to have more fully explained this vieAV of the law to the jury. But the exceptions shoAV
Judgment affirmed.