 | Abraham Clark Freeman - 1891 - 1012 pages
...law. " It has indeed been laid down as a broad proposition of law that if the means of knowledge be at hand and equally available to both parties, and the subject of the transaction be open to the inspection of both alike, the injured party must avail himself of such... | |
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1892 - 778 pages
...could have ascertained. In Slaughters' Administrator v. Gerson, 13 Wall. 379, 383, this court said: " Where the means of knowledge are at hand and equally...If, having eyes, he will not see matters directly before them, where no concealment is made or attempted, he will not be entitled to favorable consideration... | |
 | United States. Department of the Interior - 1893 - 656 pages
...said: Where the means of knowledge are at hand and equally available to both parties, and the subjcrt of purchase is alike open to their inspection, if...heard to say that he has been deceived by the vendor's misrepresentation. lu the case of Farnsworth v. Duffuer (142 US, 47), the court say : This is u suit... | |
 | Abraham Clark Freeman - 1893 - 1020 pages
...equally available to both parties, and the subject of purchase is alike opeu to their inspection, and the purchaser does not avail himself of these means and opportunities, he will not be heard to say, in impeachment of the contract of sale, that ho was deceived by the vendor's misrepresentations: Slnui/titer... | |
 | South Dakota. Supreme Court - 1914 - 748 pages
...in denying the third, sixth, and thirteenth requested instructions, which are as follows : "(3) If the. means of knowledge are at hand and equally available to both parties, and the subject-matter is open to inspection of both parties alike, and there are no fiduciary or confidential... | |
 | Abraham Clark Freeman - 1893 - 1004 pages
...CARELESSNESS AS BAR TO RELIEF. — It may be stated as a broad principle of universal application that if the means of knowledge are at hand and equally available to both parties while the subject-matter is open to the inspection of both, and there are no fiduciary or confidential... | |
 | Ernest Wilson Huffcut, Edwin Hamlin Woodruff - 1894 - 762 pages
...which the questions were submitted to the jury were correct and sufficient. Exceptions overruled.1 1 " Where the means of knowledge are at hand and equally...If, having eyes, he will not see matters directly before them, where no concealment is made or attempted, he will not be entitled to favorable consideration... | |
 | 1894 - 918 pages
...639: Dounce v. Dow, 64 NY 411: Cunningham v. Hall. 4 Allen, 268; Lindley v. Hunt, 22 Fed. Hei>. 52. Where the means of knowledge are at hand, and equally available to both parties, and the subject is open to the inspection of both parties alike, there is no Implied warranty. Rocchi v. Schwabacher,... | |
 | James Henry Deering - 1895 - 1114 pages
..."unless he was deceived by the alleged representations, and if the means of knowledge are at hand, equally available to both parties, and the subject...will not be heard to say that he has been deceived," is properly modified by adding the words "unless he was induced by the trick or misrepresentations... | |
 | Virginia. Supreme Court of Appeals - 1895 - 1080 pages
...party to make use of them. Therefore, if false representations are made regarding matters of fact, and the means of knowledge are at hand and equally available to both parties, and the party, instead of resorting to them, sees fit to trust himself in the hands of one whose interest it... | |
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Where the means of knowledge are at hand and equally available to both parties, and the subject of purchase is alike open to their inspection, if the purchaser does not avail himself of these means and opportunities, he will not be heard to say that he... 
