SAXBY V. SOUTHERN LAND CO.
Ct. of App. of Va., l09 Va. 196, 63 S.E. 423 (1909)
NATURE OF THE CASE: This was an appeal from the dismissal of an action for fraud.
FACTS: Southern (D) represented to Saxby (P) that he owned Winslow farm, and that it
could not be purchased for less than $8,000. D did not own the farm but had only an option
to purchase it. In fact, the real owners were anxious to sell and would have sold it for
$4,000. P also claims that D represented the farm to contain at least 150 acres of pine
timber, of which about 20 acres had been burned over; whereas, there was about 120 acres in
timber, of which about 60 acres had been burned over. P also alleged that D stated the
timber, when cut into cord wood, would readily sell at the local stations on the railroad
for $4.00 per cord; whereas, it could be sold only for a much smaller price; and that the
land was specially adapted to potato culture, and would by the use of fertilizer yield one
hundred bushels of potatoes to the acre; whereas, by actual experiment the land failed to
produce anything like that yield by the use of fertilizers. P sued for misrepresentation.
D's demurrer was sustained; D's statement was opinion and not subject to suit. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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