Samuel Freeman Miller

“ Where the vendor honestly expresses an incorrect opinion as to the amount, quality, and value of the goods he disposes of in a sale of his business, and good-will thereof, and the purchaser sees or knows the property, or has an opportunity to know it, no action for false representations will lie. ”

“ This company, as consolidated, at once determined to raise a new loan of a million of dollars, to be used mainly for the purpose of building the Atchison Branch road, on which but little, if any, work had been done. As a security for the bonds of this loan, they made another mortgage, which was a first mortgage on the Atchison Branch, and a second mortgage on the main line. ”

“ Evidence of fraudulent representations must be clear and convincing. Wickham v. Morehouse, 16 Fed. Rep. 324. Where a man sells a business, and the contract of sale contained a clause including all right to business done by certain agents, evidence that the seller was willing to engage in the same business with such agents is not proof of fraud in making the contract. ”

“ If the most practicable line, by which is evidently meant the best working line for the company who was building it, should require a shorter line than 50 miles, there is not the shadow of a promise or suggestion that it should not be so long, and no longer, as that required. But in the provision that its length should not exceed 50 miles there was a protection against wasting the money received from the bondholders on a long and unprofitable line of road made only for the benefit of people living along that line. But this line of road was not the only security for the payment of these bonds. ”

“ Another corporation had been organized under the laws of Missouri to build a railroad in that state from a point opposite the city of Leaven worth, in Kansas, to the Iowa state line, in the direction of the city of Des Moines in that state. These companies were consolidated into one, under the name of the Chicago & Southwestern Railway Company, with the declared purpose of building a single road from Washington to the Missouri river at a point opposite Leavenworth. Of this company Mr. ”

“ Rep. 160. Where a vendor conceals a material fact, which is substantially the consideration of the contract, and which is peculiarly within his knowledge, it is fraudulent misrepresentation. Dowling v. ”