107 Me. 61 | Me. | 1910
This action on the case is brought by plaintiffs to recover damages for alleged fraudulent misrepresentations in the sale of real estate. To the declaration defendant demurred and the case is here upon exceptions to the pro forma ruling of the court below overruling the demurrer.
The declaration alleges that defendant on the first day of September, 1903, owning an interest in a bond for the conveyance of a
The plaintiffs, in support of their declaration, urge five false representations made by defendant, through his agent, to plaintiffs as their grounds of action : — 1, That the agent owned a bond for the conveyance of the real estate; 2, That the real estate could be purchased for $52,000; 3, That the real estate was worth and would then sell for a sum of money largely in excess of $52,000 ; 4, That he, the agent, knew of a customer who would shortly purchase the real estate and pay largely in excess of $52,000 therefor; and 5, That the agent would purchase one-third interest in the real estate paying therefor one-third of $52,000, when in fact he paid $9000 less than one-third of $52,000.
The first allegation, to the effect that the agent owned a bond for the conveyance of the real estate in question is not catagorically denied to be true but, waiving that, the declaration contains no allegation that the plaintiffs were induced by the representation to make the purchase or relied upon it in so doing ; Long v. Woodman, 58 Maine, 49, 52. It does not appear from the declaration that this alleged false representation was "a determining ground of the transaction,” nor do the plaintiffs allege any defect of title.
The second, third and fourth allegations are practically of the same character and may be considered together. Under the
As to the fifth ground there is no allegation that defendant either directly or through his agent ever stated to plaintiffs that the agent had paid or would pay one-third of $52,000 for one-tbird of the mill and land. Assuming it communcated to plaintiffs, it is a representation as to either an existent fact or a future event. If the former, it was a representation of the party, against whom the action is brought, the vendor (not a third person) that a certain price had been paid for an undivided interest in the property ; if the latter, it was promissory — an expression of an expectation. In neither event is the representation actionable: Holbrook v. Connor, ubi supra; Long v. Woodman, ubi supra.
Exceptions sustained.
Demurrer sustained.
Declaration adjudged bad.