Mey v. Simpson

The statement that the land was 'fairly good for farming' was an expression of opinion, not a factual warranty; therefore no actionable misrepresentation existed and the trial non-suit was correctly entered; the appeal is dismissed.

Citation: (1908) 42 SCR 230
Parties: Appellant: Mey; Respondent: Simpson
Court: Supreme Court of Canada
Jurisdiction: Canada
Judgment Date: 14 October 1908
Procedural Posture: Sale of Land / Appeal to Supreme Court of Canada From Court of Appeal for Manitoba
Outcome: Appeal dismissed with costs; judgment of the Court of Appeal for Manitoba affirming non-suit upheld.
Legal Topics: Misrepresentation, Warranty, Opinion Versus Fact, Non Suit, Damages
Source Language: English

Contract Tort Property Sale of Land Misrepresentation Deceit Warranty Opinion Versus Fact +2 more

Case Brief

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Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2

Parties

Mey

Appellant

Simpson

Respondent

Procedural Posture

Sale of Land / Appeal to Supreme Court of Canada From Court of Appeal for Manitoba

Legal Issues

1 Whether the statement that the lands were 'fairly good for farming' amounted to an actionable misrepresentation or merely an expression of opinion
2 Whether the plaintiff could recover damages for alleged misrepresentations leading to purchase of land

Ratio Decidendi

Court Disposition

Appeal dismissed with costs; judgment of the Court of Appeal for Manitoba affirming non-suit upheld.

Orders

Appeal dismissed with costs
Trial judge's order of non-suit affirmed