Fay v. Mathewson

Action for Fraud—Sale oe Hotel and Equipment—Bemoval op Furniture — Misrepresentation and Concealment — Sufficiency op Evidence.—In this action for damages for alleged fraudulent acts and misrepresentations in connection with the sale of a hotel and its equipment, the evidence is held sufficient to sustain the plaintiff’s claim that between the date of the giving of an option to purchase and the consummation of the sale the defendant caused to be surreptitiously removed from the premises large amounts of rare and valuable furniture and bric-a-brac other than articles specifically excepted from the terms of the option, and substituted cheaper articles, with intent to defraud, and was guilty of misrepresentations and concealments.

Id.—Representations—Right to Rely Upon.—It is held in this ease that plaintiff was entitled, under the circumstances, to rely upon defendant’s representations and assurances as to the identity and value of the property she was about to purchase.