Friday, April 4, 2008
Eastern Trust & Banking Co. v. Cunningham (1908) 103 Me. 455
"[W]here one carelessly relies upon a pretence [sic] of inherent absurdity and incredibility, upon mere idle talk, or upon a device so shadowy as not to be capable of imposing upon anyone, he must bear his misfortune, if injured.... But...if one intentionally misrepresents to another facts particularly within his own knowledge, with an intent that the other shall act upon them...he cannot afterwards excuse himself by saying "[y]ou were foolish to believe me.""
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