Ranch v. Lynch

Citations

• 27 Del. 446
• 4 Boyce 446
• 89 A. 134
• 1913 Del. LEXIS 65

Syllabus

<p>1. Fraud—Elements.</p> <p>To support an action for fraud, plaintiff must show by a preponderance of the evidence that defendant made a false material representation with knowledge of the falsity, and with the intent of inducing plaintiff to act on it, and that plaintiff was misled thereby, and in reliance thereon acted on it to his damage.</p> <p>2. Fraud—Evidence—Burden of Proof.</p> <p>Fraud is not presumed, and, when relied on in support of an action, it must be proved.</p> <p>3. Fraud—Evidence.</p> <p>Fraud, supporting an action, may be proved by direct or positive evidence, as by declarations or admissions of the party charged, or by circumstantial evidence, by considering the conduct of the parties and the facts attending the transaction, if they are reasonably sufficient to show fraud.</p> <p>4. Fraud—Question for Jury.</p> <p>The jury, in determining the question of fraudulent representations inducing plaintiff to sell an interest in real estate, may consider the relationship of the parties, the existence of any confidential relation between them, the distance of plaintiff from the land and place of sale, and any evidence which may or may not show the knowledge or want of knowledge of'either of the parties as to the value of the land at the time of Sale.</p> <p>5. Fraud—Fraudulent Representations—What Are.</p> <p>Any opinion expressed by one seeking to purchase an interest in real estate as to the character or value of the property is, though false, not alone sufficient to show fraud inducing a sale of the interest; but the representation, to be fraudulent, must have been false, and known to have been false at the time it was made.</p> <p>6. Trial—Credibility of Witness—Question for Jury.</p> <p>The jury are the exclusive judges of the credibility of the witnesses and of the weight of their testimony, and where the testimony is conflicting they must reconcile it, if they can, and if they cannot they must give credit to that which in their judgment is most