Opinion

Spiess v. Brandt

  • 230 Minn. 246
  • 41 N.W.2d 561
  • 27 A.L.R. 2d 1
  • 1950 Minn. LEXIS 610
Court
Supreme Court of Minnesota
Filed
Feb 17, 1950
Status
Published
Author
Peterson
On the bench
Matson, Peterson, Gallagher
Cited by
51 cases

stating that “in a business transaction the recipient of a fraudulent misrepresentation ... is justified in relying upon its truth, although he might have ascertained its falsity had he made an investigation”

How later courts described this case

  • stating that “in a business transaction the recipient of a fraudulent misrepresentation ... is justified in relying upon its truth, although he might have ascertained its falsity had he made an investigation”
  • stating as a general rule that the recipient of a fraudulent misrepresentation is not justified in relying upon its truth if its falsity is “obvious” to the recipient
  • finding defendants liable for fraud where they withheld the only practical source of pertinent information and thwarted plaintiffs’ efforts to investigate
  • explaining misrepresentation at the formation of a contract

Written by the judges who cited it.

The opinion

Peterson, Justice

(dissenting).

While I concur in the views of the majority as to the rules of law stated in their opinion, I dissent upon the ground that, in *258 any reasonable view of the facts, plaintiffs failed to prove a case of fraud.

The evidence conclusively shows that it became known that defendants were willing to sell the property in question for about $100,000. Plaintiffs were familiar with the property. They started ■negotiations to purchase it. Before defendants made any representations concerning the property, and consequently when plaintiffs were uninfluenced by any such representations, they made an offer to purchase for $90,000. After some negotiations, the parties agreed on $95,000 as the purchase price. The increase in the purchase price as a consequence of the negotiations was a little less than six percent of plaintiffs’ offer before any representations had been made. A sale price increased, as a consequence of negotiations, such a slight amount above the buyers’ offer, uninfluenced by any representations, cannot be said to be the result of fraud. As a practical proposition, the sale here was at plaintiffs’ own price.

A painstaking reading of the record produces the conviction that the trial judge was influenced to find fraud because plaintiffs were young and inexperienced. Neither is a ground for finding fraud. While it is true that they were young, they were not inexperienced. As a consequence of experience, they had acquired unusual business acumen.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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