Brief Fact Summary. After a Plaintiff bought land relying on a survey from Waldman and Sons, Inc. (Defendant), he brought suit when he realized the survey lines were incomplete and that his house was too close to the boundary line of the property.
Synopsis of Rule of Law. In a contract for sale, a defendant may be held liable, in tort, for representations upon which a plaintiff is induced to rely.
Issue. Whether a Defendant is liable for misrepresentation, when it did not realize of the mistake of fact until after it completed a sale to Plaintiff.
* The court affirmed the judgment of the lower court, maintaining that Plaintiffs purchased the land because he relied on Defendant’s representations, and Defendant had a duty to insure that their representations were correct.
The valuation of real estate is a matter of opinion based on all of the evidence and at best is an approximation to be determined by the fact finder.View Full Point of Law