 | Law - 1914 - 1398 pages
...knowledge, and it must be a representation on which he relied, and by which he was actually misled ; and where the means of knowledge are at hand and equally...purchase is alike open to their Inspection, if the buyer does not avail himself of such means, he will not be heard to say that he was deceived by the... | |
 | Law reports, digests, etc - 1914 - 1270 pages
...erred in denying the third, sixth, and thirteenth requested instructions, which are as follows: "(3) If the means of knowledge are at hand and equally available to both parties, and the subject-matter is open to inspection of both parties alike, and there are no fiduranty of the facts,... | |
 | Law reports, digests, etc - 1915 - 1062 pages
...both parties, and the subject of purchase was alike open to their inspection, and the purchaser did not avail himself of these means and opportunities, he will not be heard to say that, in impeachment of the contract of sale, he was deceived by the vendor's misrepresentations." We do... | |
 | Law reports, digests, etc - 1915 - 1312 pages
...use of them. Therefore, if false representations are made regarding matters of fact, and the moans of knowledge are at hand and equally available to both parties, and the party, instead of resorting to them, sees fit to trust himself in the hands of one whose interest it... | |
 | Henry Campbell Black - Contracts - 1916 - 974 pages
...as to a material circumstance are equally available to both parties, and the subject of purchase is open to their inspection, if the purchaser does not avail himself of these opportunities, he cannot allege misrepresentations on that point as ground for avoiding the sale.88... | |
 | Henry Campbell Black - Contracts - 1916 - 994 pages
...by one party does not relieve the other from the consequences of fraudulent representations, unless the means of knowledge are at hand and equally available to both parties.778 But where one signs a written lease containing a covenant that he has examined and knows... | |
 | Law reports, digests, etc - 1917 - 1208 pages
...The Supreme Court of the United States ruled In Slaughter v. Gerson, 13 Wall. 379, 20 L. Ed. 627 : "Where the means of knowledge are at hand and equally...If. having eyes, he will not see matters directly before them, where no concealment is made or attempted, he will not be entitled to favorable consideration... | |
 | James Calvin Reed - Commercial law - 1917 - 652 pages
...written contracts with said Jameson & Hadley, above referred to." It is suggested by appellants, that where the means of knowledge are at hand and equally...available to both parties, and the subject of purchase is open to inspection, the purchaser cannot be heard to say that he was deceived by the vendor's misrepresentations,... | |
 | North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - Court rules - 1917 - 742 pages
...2 Pom. Eq. Jur. ยงยง 892, 893; Brown v. Leach, 107 Mass. 364. Many cases lay down the rule that if means of knowledge are at hand and equally available to both parties, the buyer will not be heard to say he has been deceived. 35 Cyc. 74; Chrysler v. Canaday, 90 NY 272,... | |
 | Illinois. Appellate Court, Martin L. Newell, Mason Harder Newell, Walter Clyde Jones, Keene Harwood Addington, Basil Jones, James Max Henderson, Ray Smith - Law reports, digests, etc - 1918 - 724 pages
...the buyer and the seller, and the matters and things about which representations are made are equally open to their inspection, if the purchaser does not avail himself of those means and opportunities, and if no concealment is made or attempted to be made by the seller,... | |
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Where the means of knowledge are at hand and equally available to both parties, and the subject of purchase is alike open to their inspection, if the purchaser does not avail himself of these means and opportunities, he will not be heard to say that he... 
