 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 - Page 33by 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 - 1919Full view - About this book
 | Law - 1890 - 548 pages
...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... | |
 | Law reports, digests, etc - 1921 - 1218 pages
...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... | |
 | Law - 1885 - 468 pages
...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—... | |
 | Melville Madison Bigelow - Fraud - 1888 - 800 pages
...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... | |
 | William Frederick Webster - Real property - 1889 - 538 pages
...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... | |
 | Walter Ashburner - Equity - 1902 - 844 pages
...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... | |
 | Van Vechten Veeder - Forensic orations - 1903 - 720 pages
...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... | |
 | Van Vechten Veeder - Forensic orations - 1903 - 720 pages
...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... | |
 | Association of American Law Schools - Common law - 1907 - 890 pages
...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... | |
 | James Barr Ames, Jeremiah Smith - Torts - 1909 - 760 pages
...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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