Strait v. Wilkins

Action for Breach of Contract to Exchange Lands—Defense of False Representations—Findings—Support of Judgment—General Rule.—In an action to recover damages for breach of a contract to exchange lands, it is held that the findings of the court as to false representations made by the plaintiff as to the value of his lands to induce the exchange are sufficient to sustain a judgment for defendant, under the general rule that “whenever a party states a matter which might be otherwise only an opinion, and does not state it as the mere expression of his own opinion, but affirms it as an existing fact material to the transaction, so that the other party may reasonably treat it as a fact, and rely upon it as such, then the statement clearly becomes an affirmation of a fact, within the meaning of the general rule, and may be a fraudulent representation.”

Id.—General Bulb Inapplicable to Evidence—Excessive Values Fixed upon Property of Each Party—Nonreliance upon Bepresentations.—Such general rule is inapplicable to the evidence when the case is presented thereby where each party fixed excessive values upon the property sought to be included in the trade, which was a fact understood by all, and it is evident that the defendant did not rely upon plaintiff’s representations in the sense required to render a statement of value one of fact. The wholesome general rule above stated was never intended to establish that where parties agree upon inflated values, and each has an opportunity to determine the true value, one might neglect the opportunity, and, if subsequently to his interest, avoid the contract merely because an inflated value was fixed by the other party to the exchange.

Id.—Statement That Mortgage not Due can Stand—Opinion.—The statement that a mortgage not due for six months can stand is not a false statement, and the statement that it might be renewed indefinitely is but a mere expression of opinion.

Id.—Contract not Made in Beliance upon Any False Statement of Fact.—It is held that there is no evidence in the record tending to show that the contract was made by defendant in reliance upon any false statement of fact.

Id.—Absence of Defense to Damages—Contract by Married Woman. This case being one of damages for breach of a contract to exchange property agreed to be conveyed by the defendant, though she is a married woman, it is immaterial whether the property is her own or her husband’s; if she is unable to comply, and neglects and refuses to comply, with her contract, she is liable in damages for its breach, and has no defense thereto.