140 Minn. 108 | Minn. | 1918
In July, 1914, defendant sold a house and lot located in the outskirts of the city of Mankato to William A. Bedbury. In the following December, the probate court found that Bedbury was not competent to care for his property and appointed plaintiff guardian of his estate. Shortly thereafter plaintiff brought this action to recover damages for fraudulent misrepresentations alleged to have been made in effecting the sale of the house and lot to Bedbury. At the close of plaintiff’s evidence, the case was dismissed on the ground that the evidence failed to establish a cause of action, and plaintiff appealed from an order denying a new trial.
According to the testimony of Bedbury, the agents of defendant represented that the property was worth $5,000 and was renting for $18 to $20 per month; and that the house was modern and had electric lights, a bath, and water from the waterworks upon both the first floor and the second floor. The house, in fact, had none of the modern conveniences mentioned; it had no electric lights, no bath, and no provision for water except a cistern and cistern pump. There was also evidence tending to show that the property was worth less than $2,000 and that the rental was materially less than had been stated. The evidence was sufficient to make a question for the jury as to whether the representations were made and were untrue, but in order to give rise to a cause of action in deceit it must also appear that Bedbury relied upon them to his injury. He testified unequivocally that he made the purchase in reliance upon the representations stated; but defendant contends that, instead of relying upon any representations made by its agents, he examined the property for himself and relied upon his own judgment. It is well settled that, where the buyer does not rely upon the representations of the seller, but makes a full investigation himself, and then acts in reliance upon the information obtained in his own investigation, he is not in position to charge the seller with deceit. Meland v. Youngberg, 124 Minn. 446, 145 N. W. 167, Ann. Cas. 1915B, 755, and cases cited therein. But it is also well settled in this state that where he makes only a partial investigation, and relies in part upon the representations of-the seller, and is deceived by such representations to his injury, he may maintain an action for such deceit. Moline-Milburn Co. v. Franklin, 37 Minn. 137, 33 N. W. 323; Marshall v. Gilman, 52 Minn. 88, 53 N. W. 811; Brown v. Andrews, 116 Minn. 150, 133 N. W. 568; Rudolphi v. Wright, 124 Minn. 24, 144 N. W. 430; Meland v. Youngberg, 124 Minn. 446, 145 N. W. 167, Ann. Cas. 1915B, 775; Woodward v. Western Canada Colonization Co. 134 Minn. 8, 158 N. W. 706, L. R. A. 1917C, 270.
The buyer cannot predicate deceit upon representations of the seller which he knew were false when he made his purchase, but, if he in fact relied upon false representations in ignorance of their falsity and was deceived to his injury, he may maintain his action although the means of knowledge and the circumstances were such that a person of ordinary prudence and alertness ought not to have been deceived. The question is whether he was actually deceived, and is to be determined as a question of fact from a consideration of all the attending circumstances including the means of knowledge available and the degree of judgment, caution and alertness which he really possessed and exercised. Kempf v. Ranger, 132 Minn. 64, 155 N. W. 1059.
The testimony tended to show that Bedbury had been misled as to the character and value of the property; that his examination of it had been extremely brief and cursory; that his faculties were in such condition that he was apt to overlook and forget important matters, and that he had not noticed that the house lacked the modern conveniences; and we cannot say that this evidence is so improbable that the jury would not be justified in finding that he had been deceived. The question should have been submitted to them. As this conclusion necessitates a reversal, the other questions require only brief mention.
Order reversed.