The Law of Real Estate Brokers With 1917 Supplement a Manual With Forms Inclu
The Law of Real Estate Brokers With 1917 Supplement a Manual With Forms Inclu
Fred Louis Gross
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We have seen that generally there can be no fraud predicated upon expressions of hope, or expectation, and so there can generally be no fraud based upon expres- sions of value, for an expression of value is nothing more than an opinion. 22 In one man's opinion the value of a piece of land may be far different than in another's. 288. Assertion of Value, Though False, Not Ordi- narily Fraudulent. "Assertions must be considered, " says the court in Conlan v. Eoemer, 52 N. J. L. 55 (1889), " in the... light of the subject-matter in respect to which they are made. The general doctrine is that a misrepresentation uncon- nected with any misrepresentation of kind, quality or quantity, by the vendor, though false, affords no cause of action. Every person reposes at his peril in the opinion of others when he has equal opportunity to form his own judgment. Mere expressions of matters of opinion, how- ever strongly or positively made, though they are false, do not constitute actionable fraud. Statements of mere matters of opinion or judgment, although known to be false, do not constitute a fraud in the absence of relations of trust and confidence.
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