49 Vt. 353 | Vt. | 1877
The opinion of the court was delivered by
This action is brought against the defendant to recover the damage which the plaintiff claims to have sustained in consequence of the defendant’s having made false and fraudulent representations to him as to his, the defendant’s, title to and ownership of certain property which the plaintiff, relying upon such representations, purchased of him and paid him therefor, when in fact the defendant had no title whatever to the property. The defendant pleads infancy, and the plaintiff demurs to the plea.
The representations alleged in the declaration are of the same character, and stand upon the same principles, as representations as to the quality of the property — they enter into and constitute an element of the contract itself; it is that that makes them actiona
Judgment affirmed.