Williams v. McFadden

Citations

• 23 Fla. 143

Syllabus

<p>1. A misrepresentation made by a vendor of real estate, as to a material fact, knowing- at tlie time that it was untrue, upon which statement the purchaser relies, is actionable.</p> <p>2. A statement made by the vendor, which is tantamount to an estimate or opinion of the value, condition, character, adaptability to certain uses, &c., of such real estate, is not actionable unless the seller resorts to some fraudulent means to prevent the purchaser from examining the property.</p> <p>3. A declaration in an action of deceit for false representations concerning real estate should state distinctly that such representations were false, that they were known to he false by the vendor, that the purchaser relied on - and was misled by them, and that they were representations of material facts.</p> <p>4. The rule for the assessment of damages in an action for deceit, for false representations concerning real estate, is the difference between the actual value of the land and its value if the alleged facts regarding it had been true.</p> <p>5. The fact that the vendee took possession of the land and had other transactions with the defendant without expressing dissatisfaction does not estop him from bringing an action for deceit.</p> <p>6. A written description of land made by the vendor and placed in the hands of his agent, and to which he refers the vendee before sale, is properly admitted in evidence as a representation concerning said land.</p> <p>7. If the representations made by the vendor, though false, were believed to he true by such vendor, he cannot be held- responsible in this form of action.</p> <p>8. The fact of knowledge of the vendor as to the truth or falsity of his representations is a question for the jury to determine.</p>