Mayer v. Salazar

Citations

• 84 Cal. 646
• 24 P. 597
• 1890 Cal. LEXIS 858

Syllabus

<p>Fraud — False Representations — Exchange of Horses — Liability for Damages—Knowledge of Falsity — Unwarranted Assertion.— It is not essential to the liability of the owner of a horse for damages for false representations as to the soundness of the horse, inducing an exchange therefor, that such owner should be proven to have actually known the horse to be unsound at the time of the trade; but actual fraud is made out if it appears that the horse was unsound in fact, and that the positive assertion as to its soundness was not warranted by the information of the person making it, though he may have believed it to be true.</p>