Robins v. Hope

Citations

• 57 Cal. 493

Syllabus

<p>Fraud — Misrepresentations — Title — Beal Property — Presumption. — A person is conclusively presumed to know the state of his own title to real property in dealing with a stranger. No misrepresentation, therefore, by the latter on this subject can have the effect of misleading.</p> <p>Id.— Id.— Principal and Agent.—Query: Whether under the maxim, qui facit par aliurn facit per se, a principal must be held to adopt the fiduciary relations which exist between his agent and those with whom he is transacting business through such agent, may well be doubted.</p> <p>Id.—In. Definition —Confidential Delation—Fiduciary Delation.—The phrases “ confidential relation ” and “ fiduciary relation ” are convertible terms.</p> <p>Id.—Id —Confidential Delation — Pleading.—A general allegation, that one person has almost unlimited confidence in another, and that the latter has great influence over the former, does not state a confidential or fiduciary relationship.</p> <p>Id.—Id.—Id.—First Cousin.—The relationship of first cousin is not a fiduciary or confidential relationship.</p> <p>Id.—Id.—Consideration, Want of.—Want of consideration does not necessarily militate against the good faith of a transaction, where an adequate motive is apparent.</p>