38 Vt. 578 | Vt. | 1866
The opinion of the court was delivered by
The referee finds that there was no warranty of the horse ; the plaintiff’s right to recover, therefore, rests solely on the ground of fraud in the sale. It appears from the report that the referee had great difficulty in finding what representations were made by the defendants, and the same difficulty in determining what inferences should be drawn, and what conclusions should be drawn from what representations he did find proved ; and on looking at the whole report it seems that these doubts were not entirely without foundation. There is much in the report that tends to negate the idea of such affirmative false representations on the part of the defendants as to render them liable. But the court must take the facts as found by the referee, including such inferences of fact as the referee has legitimately drawn from the principal facts which he finds proved.
If the defendants’ liability rested solely on affirmative misrepresentations, there would be difficulty in holding them liable. But the referee finds further, that the horse was in fact foundered, and lame in his feet in consequence, at the time the plaintiff purchased him, and that such was his condition at the time the defendants obtained him from Mann, and that that was the real cause of his lameness. The referee further finds that “the defendants had, at the time of the transfer of the horse to the plaintiff, and for sometime previous thereto, become satisfied that he was unsound and the lameness permanent,” although he can not find that the defendants were fully satisfied of the cause of the lameness, or of what the unsoundness consisted. The referee also finds that, “ notwithstanding there was conversation, as before stated, about the lameness of the horse, the defendants not only stated the causes of such lameness in the particulars before named untruly, but that they purposely and intentionally conveyed the idea to the plaintiff that there was no permanent lameness or unsoundness of the horse, and that the plaintiff' purchased him believing him to be sound, and that he would not have done so at the price he paid for him, had he believed him unsound.” As the plaintiff inquired in relation to the soundness of the horse, and the defendants undertook to tell, they were bound to disclose all they knew on the subject, and the plaintiff had a right to act upon the supposition that they had done so. The defendants, while they owned the horse, having discovered by observation or otherwise that the horse was permanently unsound, had no right intentionally to conceal it, but were bound to disclose fully the whole truth. They had no- right to impart a portion of their knowledge and withhold the residue for the purpose of deceiving the plaintiff. The defendants are liable and mainly upon the ground of fraudulent concealment. Under the circumstances of the case the maxim clearly applies, that the suppression of the truth is equivalent to the assertion of a falsehood.
It is insisted on the part of the defence that the referee erred in
Judgment affirmed.