135 S.E. 450 | N.C. | 1926
With respect to the defense of fraud in the procurement of the notes sued on, it is nowhere alleged that the false representations, upon which defendant says he relied to his injury, were made with knowledge of their falsity or with reckless disregard of their truth or falsity, nor is it alleged that such false representations were made with intent to deceive the defendant. The allegations, therefore, are insufficient to support the charge of fraud. Stone v. Milling Co., post, 585.
Furthermore, it is alleged that the defendant informed the salesman of the Brenard Manufacturing Company "he was too busy at the time to read over the contract, but would rely on the statements made by the agent and sign it, since he had to wait on his customers and could not possibly read the written instrument."
Animadverting on the insufficiency of a similar defense in Upton v.Tribilcock,
To like effect are our own decisions. Hoggard v. Brown, ante, 494;Hollingsworth v. Supreme Council,
The duty to read an instrument, or to have it read, before signing it is a positive one, and the failure to do so, in the absence of any mistake, fraud or oppression, is a circumstance against which no relief may be had, either at law or in equity. Grace v. Strickland,
The case of Bank v. Redwine,
There was error in submitting the issue of fraud to the jury, as the answer contains no sufficient allegation to support it.
New trial.