[Download] "Ray Et Al. v. Divers Et Al." by Supreme Court of Montana ~ Book PDF Kindle ePub Free
eBook details
- Title: Ray Et Al. v. Divers Et Al.
- Author : Supreme Court of Montana
- Release Date : January 12, 1925
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Real Property ? Sale ? Fraud ? Complaint ? Sufficiency ? Inferences ? Copy of Instrument ? When not Part of Pleading. Complaint ? Sufficiency ? Demurrer ? Rule of Construction ? Inferences. 1. Where the sufficiency of the complaint is attacked by demurrer the question for determination is whether the pleading states a cause of action upon any admissible theory; and in determining the question the allegations made must be construed liberally and whatever is necessarily implied in or can be reasonably inferred from them must be treated as directly averred. Real Property ? Sale ? Fraud ? Complaint ? Allegation of Performance by Vendee not Required. 2. An action for damages for fraud practiced upon a buyer of land is one in tort and not one upon contract; hence plaintiff was not required to plead that he had fully performed all the terms and conditions to be by him kept and performed under the contract of purchase. Pleading ? Copy of Contract Attached to Complaint but not Referred to not Part of Pleading. 3. A copy of a document (contract) attached to the complaint but not referred to therein is not a part of it and cannot be used to aid or detract from the allegations made in the pleading. Fraud ? Pleading ? Essentials. 4. To state a cause of action, or defense, for fraud in procuring a contract of sale to be made, the pleading must allege that certain representations upon a material matter relating to a fact, as distinguished from the expression of an opinion, were made, which the purchaser had a right to rely upon; that they were false; that he believed them to be true and relied upon them, was induced thereby to make the purchase and in consequence thereof was injured. Same ? Sale of Real Property ? When Vendee Justified in Relying upon Representations Made by Vendor. 5. Whenever in an action for fraud in making a sale it is made to appear that alleged false statements of the seller formed a part of and were essentially connected with the substance of the transaction and concerned matters within the knowledge of the seller, as distinguished from mere expressions of opinion or dealers talk, the purchaser had a right to rely upon them.