McNeer v. Norfleet

Citations

• 113 Miss. 611
• 74 So. 577

Syllabus

<p>1. Feaijd. Misrepresentation. Evidence. Intent.</p> <p>To constitute fraud it is unnecessary that a statement be made with the intention of deceiving, if it is a statement of fact, but not true as a matter of fact, since it has all the effect, so far as inducing the contract is concerned, as it would have had if made deliberately for the purpose of deceiving.</p> <p>2. Fkaud. Misrepresentation. Evidence.</p> <p>In a suit for damages for misrepresenting the acreage of land leased, it was error to exclude from the consideration of the jury evidence of the items of damages suffered by plaintiffs’ making up the necessary and reasonable expenditures incurred by them in preparing to cultivate the land, for although the jury are to judge as to the necessity and reasonableness of expenditures made, they should have such information, coupled with other proof, as will enable them to determine the extent of the damage of the party in case they find facts favorable to the plaintiff.</p> <p>3. Evidence. Admissions. Compromise.</p> <p>While an offer of compromise cannot be shown as being an admission of the party making the offer, still if the party makes a statement of fact, as a fact, it may be proven as an admission even though it was made during the discussion of the compromise.</p> <p>4. Trial. Distress for rent. Trial of issue on avowry. Burden of proof.</p> <p>Under Code 1906, section 2864, so providing, on the trial of an issue on an avowry, the burden of proof is on the avowant, the landlord, and he shall have the right to open and conclude the argument, when an issue has been tendered on the avowry, denying the allegations of the avowry, the burden is on the landlord or avowant, and if the relation of landlord and tenant, the amount of the contract or the amount of supplies furnished, is denied, the landlord must assume the burden and prove his contention, but if the relation he admitted, and the amount of the rent contract for supplies furnished is not denied, no is