Berrendo Irrigated Farms Co. v. Jacobs

Citations

• 23 N.M. 290
• 168 P. 483

Syllabus

<p>SYLLABUS BY THE COUURT.</p> <p>1. Where a party is induced to enter into a written contract by false and fraudulent representations made to him by the other party to the contract, such party perpetrating the fraud cannot seal the mouth of the other party as to such fraud, by inserting in the contract a clause which reads, “No promise, stipulation or representation not herein contained has been made by the company to the purchaser,” and the fraud may be shown whether the action is for rescission or for' damages. P. 296</p> <p>2. Where a party; is induced to purchase lands by reason of false and fraudulent representations made to him, and such representations were made in prospectuses, letters and orally, it is not proper for the court to permit such parts of the prospectuses to go to the jury,, which have no relation whatever to the false representations upon which the party relied, and which induced him to enter into the contract.</p> <p>P. 299</p> <p>3. Wher'e representations are proven, but there is no evidence offered tending to show that such representations were false, the court should, upon motion, withdraw the same from the jury. P. 302</p> <p>4. “Where a party contracts to purchase certain real estate, and the seller represents that arrangements have been made with a company furnishing electricity at a given rate to pump water for the irrigation of such land, and the buyer is fully informed as to the arrangement made in that regard, and is given certain shares of stock in a water user's’ association, and such association has the legal right to compel performance of such contract, but voluntarily abandons the same, and the buyer makes no effort to enforce his rights under such contract, he is in no position to claim damages from the seller by reason of such default. P. 304</p> <p>5. If the per'son to whom the false statements are made did not rely on them but investigates for himself, and acts and relies on his own knowledge, no fraud exists, if the falsit