243 Mass. 177 | Mass. | 1922
This is an action of tort to recover for alleged deceit in the sale of real estate. In the Superior Court the defendant’s motion for a directed verdict was allowed and the case reported to the Supreme Judicial Court on the stipulation that if there was any evidence to be submitted to the jury, judgment was to be entered for the plaintiff in the sum of $400; otherwise, judgment to be entered for the defendant.
The plaintiff and the defendant entered into a written contract
If- this evidence were believed, the jury could have found that the defendant made a false statement of a material fact. The representation that the cellar was a dry cellar was not a mere expression of opinion as to its condition, it was a representation of fact; see Holst v. Stewart, 161 Mass. 516, 522; Cutter v. Hamlen, 147 Mass. 471, 475; Safford v. Grout, 120 Mass. 20; Durkin v. Cobleigh, 156 Mass. 108, 111, 112; and it could have been found that such statement was known by the defendant to be false.
The plaintiff inspected the premises, but the evidence does not show the cellar was wet when he made his examination; the jury could have found that he was ignorant of the falsity of the representation, that he believed it to be true, and that it was made with the intent it be acted upon. Brady v. Finn, 162 Mass. 260. Holst v. Stewart, supra.
The plaintiff told the defendant he had no experience in buy
It was not necessary that the false representation should have been the sole inducement to the contract. See Matthews v. Bliss, 22 Pick. 48, 53; Safford v. Grout, supra.
All the elements essential to establish an action for deceit were shown. It could not be ruled as matter of law that the plaintiff had not made out a case. As there was evidence to be submitted to the jury, judgment is to be entered for the plaintiff in the sum of $400.
So ordered.