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" But if the facts are not equally known to both sides, then a statement of opinion by the one who knows the facts best involves very often a statement of a material fact, for he impliedly states that he knows facts which justify his opinion. "
Michigan Reports: Cases Decided in the Supreme Court of Michigan - Página 33
por Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Richard W. Cooper, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner - 1919
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Albany Law Journal, Volume 41

1890 - 548 páginas
...parties, what one of them says to the other is frequently nothing but an expression of opinion; * * * but if the facts are not equally known to both sides, then a statement of opinion by one who knows the facts best involves very often a statement of a material fact." Probably the most...
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The Pacific Reporter, Volume 198

1921 - 1218 páginas
...fact, coming as it did from one who, he supposed, knew better than himself how the accident occurred. "If the facts are not equally known to both sides,...states that he knows facts which justify his opinion." "Sometimes a statement of an opinion is necessarily based upon a fact or carries with it such an inference...
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The Canada Law Journal, Volume 21

1885 - 468 páginas
...DECISIONS. own mind, but only of an irrelevant fact, for it is of no consequence what the opinion is. But if the facts are not equally known to both sides,...very often a statement of a material fact, for he implicitly states that he knows facts which justify his opinion." • i.-.TKJilAL HKPB1BBNTATION—...
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A Treatise on the Law of Fraud on Its Civil Side, Volume 1

Melville Madison Bigelow - 1888 - 800 páginas
...parties, what one of them says to the other is frequently nothing but an expression of opinion. . . . But if the facts are not equally known to both sides, then a statement of opinion by one who knows the facts best involves very often a statement of a material fact, for he impliedly states...
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The Law Relating to Particulars and Conditions of Sale on a Sale of Land

William Frederick Webster - 1889 - 538 páginas
...man's own mind, but only of an irrelevant fact, for it is of no consequence what the opinion is. But if the facts are not equally known to both sides,...states that he knows facts which justify his opinion" : per Bowen, LJ, in Smith v. Land Corporation, 28 Ch. Biv. 7, at p. 15. Expert's If the vendor make...
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Principles of Equity

Walter Ashburner - 1902 - 844 páginas
...not equally known to both sides, a statement of opinion by the one who knows them best often involves a statement of a material fact, for he impliedly states that he knows facts which justify his opinion. Thus, a statement by a landlord that A. is a very desirable tenant, is equivalent to a representation...
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Legal Masterpieces: Specimens of Argumentation and Exposition by ..., Volume 2

Van Vechten Veeder - 1903 - 720 páginas
...man's own mind, but only of an irrelevant fact, for it is of no consequence what the opinion is; but if the facts are not equally known to both sides,...states that he knows facts which justify his opinion. Now, a landlord knows the relation between himself and his tenant. Other persons either do not know...
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Legal Masterpieces: Specimens of Argumentation and Exposition by ..., Volume 2

Van Vechten Veeder - 1903 - 720 páginas
...man's own mind, but only of an irrelevant fact, for it is of no consequence what the opinion is; but if the facts are not equally known to both sides,...states that he knows facts which justify his opinion. Now, a landlord knows the relation between himself and his tenant. Other persons either do not know...
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Select Essays in Anglo-American Legal History, Volume 1

Association of American Law Schools - 1907 - 890 páginas
...irrelevant fact, for it is of no consequence what the opinion is. But if the facts are not equally well known to both sides, then a statement of opinion by...states that he knows facts which justify his opinion. Now a landlord knows the property is let to a most desirable tenant; other persons either do not know...
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A Selection of Cases on the Law of Torts, Volume 2

James Barr Ames, Jeremiah Smith - 1909 - 760 páginas
...man's own mind, but only of an irrelevant fact, for it is of no consequence what the opinion is. But if the facts are not equally known to both sides,...states that he knows facts which justify his opinion. Now a landlord knows the relations between himself and his tenant ; other persons either do not know...
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