Reports of Cases Decided in the Supreme Court of the State of South Dakota Volume 39

Reports of Cases Decided in the Supreme Court of the State of South Dakota Volume 39

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1918 edition. Excerpt: ...all of which appellant was in as good a position to know as was respondent's representative; appellant being present at this trial. So it is clear that appellant knew respondent purchased these mules in ignorance of this latent discease. This court, in the case of Vindedahl v. Harris, 37 S. D. 7, 156 N. W. 489, stated that: "Deceit can consist in silence, whenhonesty requires speech. as much as in speech itself. Section 1201, C. C." See I2 R. C. L. 305-310. 4 VVe agree with the Supreme Court of Minnesota that: "If a party conceals a fact material to the transaction, and peculiarly within his own knowledge, knowing that the other party acts upon the presumption that no such fact exists, it is as much of a fraud as if the existence of such fact were expressly denied, or the reverse of it expressly stated." Thomas v. Murphy, 87 Minn. 358. 91 N. W. 1097. The law applicable to this case is well stated in Sockman v. Keim. 19 N. D. 317, 124 N. W. 64: "But, when there are no representations made by the vendor, a deceit may equally be practiced by his silence; but in such cases an important distinction must be observed, for whether a cause of action for deceit will arise from mere silence and a knowledge of the defects in the article sold will depend upon the fact whether the defect is patent or latent. In Brown v. Gray, 51 N. C. 103. 72 Am. Dec. 563, -the distinction is thus stated: 'When the unsoundness is patent---that is, such as may be discovered by the exercise of ordinary diligence--mere silence on the part of' the vendor is not sufficient to establish the deceit. although he knows of the unsoundness, because the thing speaks for itself. and it is the folly of the purchaser not to attend more

Product details

  • Paperback | 322 pages
  • 189 x 246 x 17mm | 576g
  • United States
  • English
  • black & white illustrations
  • 1236961285
  • 9781236961280