# Gagne v. Bertran

> California Supreme Court · October 19, 1954 · 43 Cal. 2d 481

URL: https://www.frixlaw.com/law-library/cases/9559813

## Case

- **Full name:** ALFRED GAGNE Et Al., Respondents, v. BENJAMIN E. BERTRAN, Appellant
- **Court:** California Supreme Court
- **Decided:** October 19, 1954
- **Citations:** 43 Cal. 2d 481; 275 P.2d 15; 1954 Cal. LEXIS 267
- **Precedential status:** Published
- **Opinion:** Dissent by Shenk
- **Judges:** Schauer, Shenk
- **Cited by:** 222 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9559813

## How later opinions describe it (automated extraction)

- stating that “the representation need not be made with knowledge of actual falsity, but need only be an assertion, as a fact, of that which is not true, by one who has no reasonable ground for believing it to be true ....”
- holding that “negligent misrepresentation a form of deceit” and disapproving cases holding that “scienter is an essential element”

## Opinion text

SHENK, Acting C. J.
I dissent. I would affirm the judgment on the ground that under the facts of this case the detriment suffered by the plaintiffs is, as stated by Mr. Justice Schauer in his dissent, “the additional amount they were compelled to expend to obtain what both plaintiffs and defendant had contemplated they should obtain.”
Respondents ’ petition for a rehearing was denied November 17, 1954. Shenk, J., and Schauer, J., were of the opinion that the petition should be granted.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9559813. Public record. Not legal advice.