 It is material to observe that it is often fallaciously assumed that a statement of opinion cannot involve the statement of a fact. In a case where the facts are equally well known to both parties, what one of them says to the other is frequently nothing...  The New South Wales Law Reports, 1880-1900 - Page 5by New South Wales. Supreme Court - 1897Full view - About this book
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1919 - 800 pages
...a distinct thing.' See People v. Peckens, 153 NY 593. And it has been said by an eminent jurist: " 'It is material to observe, that it is often fallaciously...of opinion cannot involve the statement of a fact. * * * If the facts are not equally known to both sides, then a statement of opinion by the one who... | |
 | Law - 1885 - 468 pages
...also in this case certain dicta of Bowen, LJ, at p. 15, which are worth remembering. He says : — " It is material to observe that it is often fallaciously...statement of a fact. In a case where the facts are equally well known to both parties, what one of them says to the other is frequently nothing but an expression... | |
 | William Frederick Webster - Real property - 1889 - 538 pages
...statement is a puffing statement or expression of opinion, or whether it amounts to a statement of fact. " It is often fallaciously assumed that a statement...statement of a fact. In a case where the facts are equally well-known to both parties, what one of them says to the other is frequently nothing but an expression... | |
 | Van Vechten Veeder - Forensic orations - 1903 - 720 pages
...the tenant had been in arrears on his last quarter's rent, and soon afterwards went into liquidation. "It is material to observe that it is often fallaciously...statement of a fact. In a case where the facts are equally well known to both parties, what one of them says to another is frequently nothing but an expression... | |
 | Van Vechten Veeder - Forensic orations - 1903 - 720 pages
...the tenant had been in arrears on his last quarter's rent, and soon afterwards went into liquidation. "It is material to observe that it is often fallaciously...statement of a fact. In a case where the facts are equally well known to both parties, what one of them says to another is frequently nothing but an expression... | |
 | James Barr Ames, Jeremiah Smith - Torts - 1909 - 760 pages
...517. BOWBN, LJ, IN SMITH P. LAND, &c. COEPORATION. 1884. Lam Reports, 28 Chancery Division, 15-16. of opinion about the tenant. It is material to observe...statement of a fact. In a case where the facts are equally well known to both parties, what one of them says to the other is frequently nothing but an expression... | |
 | William Theophilus Brantly - Contracts - 1912 - 590 pages
...plaintiff is not necessarily fraudulent, since it may not have induced the plaintiff to make the purchase.7 "It is often fallaciously assumed that a statement...statement of a fact. In a case where the facts are equally well known to both parties, what one of them says to the other is frequently nothing but an expression... | |
 | John A. Shields - Antitrust law - 1912 - 946 pages
...that he stated in terms or showed clearly by his conduct that he did not rely on the representation. It is often fallaciously assumed that a statement...statement of a fact. In a case where the facts are equally well-known to both parties, what one of them says to the other is frequently nothing but an expression... | |
 | Edgar A. Swan - Vendors and purchasers - 1912 - 528 pages
...Council, in excavating rubbish and filling in (Baker v. Moss, 1902). In an earlier case, Bowen, LJ, said " it is often fallaciously assumed that a statement of opinion cannot involve a statement of fact. In a case where the facts are equally known to both sides, then a statement of... | |
 | Eugene Allen Gilmore, William Charles Wermuth - Law - 1914 - 964 pages
...appealed. BOWEN, LJ * * * In considering whether there was a misrepresentation, I will first deal with the argument that the particulars only contain a statement...statement of a fact. In a case where the facts are equally well known to both parties, what one of them says to the other is frequently nothing but an expression... | |
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