Jackson v. Stockbridge

Citations

• 29 Tex. 394

Syllabus

<p>Where a. party had given his note for stock in a railroad, upon the representations of an agent for the road that the road would be completed to a certain point by a named day, but it was apparent that such representations were but the opinions of the agents, it is no defense to the note that the road was not completed by the day named.</p> <p>The representations must not only be something material, but something in regard to which the one party places a known trust and confidence in the other. It must not be a mere matter of opinion, equally open to both parties for examination and inquiry, where neither is presumed to trust to the other, but to rely on his own judgment. (Story’s Eq., $$ 191, 199.)</p> <p>The misrepresentation must be known by the party who makes it to be false ; that it must actually mislead the other party.</p> <p>Where the note contained a condition that the road must be completed to a given point within a given time, the condition must be substantially complied with; and where the issue as to whether the road was completed or not was fairly put to the jury, and they found that it was, and there was evidence to sustain the verdict, it will not be disturbed, although it was proved that the road was not in complete running order for passengers and freight.</p>