Rendell v. Scott, 11 P. 779 (Cal. 1886). · Go Syfert
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Rendell v. Scott, 11 P. 779 (Cal. 1886). Cases Citing This Book View Copy Cite
34 citation events (1 in the last 25 years) across 6 distinct courts.
Strongest positive: U.S. ex rel. USN4U, LLC v. Wolf Creek Fed. Servs., Inc. (ca6, 2022-05-16)
Treatment trajectory · 1901 → 2026 · click a year to view as-of
1901 1963 2026
Top citers, strongest first. 2 distinct citers.
discussed Cited as authority (rule) U.S. ex rel. USN4U, LLC v. Wolf Creek Fed. Servs., Inc.
6th Cir. · 2022 · confidence medium
Cooley, A Treatise on the Law of Torts 483–85 (1879); see, e.g., Gordon v. Butler, 105 U.S. 553, 557 (1881); Deming v. Darling, 20 N.E. 107 , 108–09 (Mass. 1889) (Holmes, J.); Rendell v. Scott, 11 P. 779, 780 (Cal. 1886) (per curiam).
discussed Cited "see, e.g." Wolleson v. Coburn (2×)
Cal. Ct. App. · 1923 · signal: see also · confidence low
See, also, Rendell v. Scott, 70 Cal. 514 [ 11 Pac. 779 ]; Nounnan v. Sutter County L.
ISAIAH RENDELL
v.
J. H. SCOTT
No. 11095.
California Supreme Court.
Aug 28, 1886.
11 P. 779
W. H. Beatty, S. C. Denson, and H. A. Carter, for Appellants., Armstrong & Hinhson, for Respondent.
Cited by 20 opinions  |  Published
The Court.

The defendants by their cross-complaint sought to have set aside as obtained by fraud a contract by which the defendants had agreed to purchase a tract of land from plaintiff. The alleged fraud consisted of certain representations by which the defendants were induced to • enter into the contract for the purchase of the land. The cross-complaint was demurred to, and the demurrer was sustained.

It is apparent to us that the matters alleged as constituting the fraud were matters of opinion rather than of facts. It was certainly matter of opinion when the plaintiff stated that the land was the best ranch in lone Valley, and was very rich and productive, and would produce fifty bushels of wheat to the acre; that a portion was good alfalfa land, and that another portion was rich in mineral deposits; and the other matters alleged may well be, classed under the head of matters of opinion[*515] rather than a false representation of facts. There is no averment which excludes the idea of personal inspection by the purchaser.

In such a case, the purchaser should exercise his own judgment, and is not entitled to relief in equity.

Judgment affirmed.