Gleason v. Bell

Citations

• 91 Ohio St. (N.S.) 268

Syllabus

<p>False representations — Sale of real property — Purchaser entitled to recover, when — Pleading—Wife bound by husband’s representations and acts, when.</p> <p>1. Where a purchaser was induced to buy and pay for a city residence, by false representations made to him by the vendor as positive statements of fact clearly implying knowledge of the owner of the truth of the facts stated, and made under such circumstances that the vendor should have known of the falsity of the representations, and they were of such a nature as to affect the character, utility and value of said property, and the purchaser had a right to and did rely thereon, and suffered damage by reason thereof, he may recover. In such a case an averment that the vendor knew the representations to be false and made them with intent to deceive is not essential.</p> <p>2. If a woman permit her husband to manage and make contracts for sale of her property as his own and, in pursuance of her authority, he makes a sale of her property to one whom he induces to purchase by statements and representations relative to the character, utility and value of the property, upon which the purchaser would have a right to rely as coming from the owner, and she accepts the benefits of the contract and makes conveyances to the purchaser so procured, she is bound by the representations made.</p>