LAMBERTO SONGCO , plaintiff-appellee, vs. GEORGE C.
SELLNER, defendant-appellant.
Thos. D. Aitken for appellant.
Perfecto Gabriel for appellee.
SYLLABUS
1. CIVIL PROCEDURE; DENIAL OR EXECUTION OF WRITTEN
INSTRUMENT. — In an action upon a promisory note, a general denial of the complaint under oath does not raise an issue as to the genuineness or due execution of the note, as contemplated in section 103 of the code of Civil Procedure. Nor is such an issue raised by an answer under oath setting up the defense that the note was procured by fraud. 2. FRAUD; FALSE REPRESENTATION AS TO MATTER OF OPINION. — The seller of the can standing in a certain field made an exaggerated statement concerning the probable yield of sugar from said cane but refused to warrant the amount of the yield. The purchaser nevertheless credited the statement and bought the cane in the belief that it would produce substantially the amount stated by the seller; but the yield in fact turned out to be much less. Held: That the purchaser had no right to rely upon such representation and the fact that the furnished no ground for relieving the purchaser from his contract to pay the price agreed upon.
DECISION
STREET, J : p
In December, 1915, the defendant, George C. Sellner, was the owner
M. R. Jones and Carl Jones v. Jack W. Dickens and Lucille B. Dickens, M. R. Jones and Carl Jones v. Three Rivers Ranch, Inc., 394 F.2d 233, 10th Cir. (1968)