Russell v. Stoops

Citations

• 66 A. 698
• 106 Md. 138
• 1907 Md. LEXIS 70

Syllabus

<p>Insufficiency of declaration in action of deceit — Measure of damages — Instruction.</p> <p>Defendant agreed to convey to plaintiff a farm, subject to a mortgage, in consideration of plaintiff’s conveyance to him of a house and lot; and deeds of the properties were accordingly executed. At that time, a year’s interest was due on the mortgage, and a few months after the transfer, the mortgage was foreclosed and the farm bought in by the defendant. The plaintiff then brought this action of deceit, alleging that the defendant had falsely represented that the interest had been paid on the mortgage to the date of transfer, and chereby induced plaintiff to exchange the properties. The declaration concluded that by reason of said false representation of the defendant, plaintiff was deprived of the ownership of the house and lot and suffered damage thereby. Held, that a demurrer to the declaration should be sustained, since the alleged fraud related to the mortgage on the farm while the damages claimed are not for the loss of the farm but for the loss of the house and lot.</p> <p>In an action of deceit, a plaintiff is not entitled to recover exemplary or punitive damages, unless there be proof of malice or breach of trust on the part of the defendant.</p> <p>In an action of deceit, the jury should be informed as to the proper measure of damages, and it is error to instruct them that the plaintiff is entitled to recover such damages as they find he has sustained as the direct consequence of the false repres entation and which loss he could not have prevented by the exercise of ordinary care.</p> <p>When the fraud alleged is that the defendant induced the plaintiff to purchase property subject to a mortgage by a false representation that the interest on the mortgage had been paid to date, the defendant cannot be held to have contemplated, as a probable result o such statement, that plaintiff would be unable to pay the interest, and that the mortgage would be foreclosed, re