50 S.C. 397 | S.C. | 1897
The opinion of the Court was delivered by
A demurrer to the complaint in this case having been sustained on the ground that it did not state facts sufficient to constitute a cause of action, the Circuit Court granted leave to plaintiff to serve an amended complaint. This is an appeal by defendant from so much of the order as grants leave to amend.
It becomes necessary to determine in this case whether the complaint is beyond the Court’s power “of amendment. The complaint is as follows: “1. That at the times hereinafter mentioned, the plaintiff was a citizen of the city of Chicago, in the State of Illinois, and was the owner of valuable property in the said city of the value of $10,000, situate on a fashionable avenue in said city, and the rental value of said property was from $150 to $200 per month. 2. That the defendant, on or about the day of January, 1895, procured the services of a real estate agent in said city to trade with the plaintiff [for] the said property, and represented to said plaintiff that the defendant would exchange two valuable plantations situate in the county and State above named for said city property. 3. That said plaintiff is in bad health, and it was known to the defendant that he desired to move south, and would be willing to exchange said property as aforesaid for property of equal value in the county and State above named, and believing in the sincerity and honesty of the defendant, he gave defendant a deed to said property, and the defendant gave plaintiff deeds to two tracts of land situate in said county, which he represented as being worth in value the same as plaintiff’s property. 4. That said representation on the part of the defendant was absolutely false, the property being almost worthless, not exceeding in value more than $1,000, and he knew at the time said trade was made, and purposely combined with his said agent to swindle and defraud said plaintiff to the damage of the plaintiff $9,000.”
Defendants demurred to this complaint on the ground that it does not state facts sufficient to constitute a cause of action, in that it does not allege any misrepresentation of any material fact, a representation as to value being a mere expression of opinion; nor that the false representation alleged in the complaint was made by defendant to plaintiff
It would be improper for us to express any opinion as to the merits of the case at this stage. We only mean now to affirm that the Circuit Court committed no abuse of discretion in permitting plaintiff to amend his complaint.
The judgment of the Circuit Court is affirmed.