Burgdorfer v. Thielemann
Supreme Court of Oregon
55 P.2d 1122 (Or. 1936)
Relevant factsFree
Carl Thielemann (defendant) induced Charles Burgdorfer (plaintiff) to buy land by promising to pay a $500 mortgage on it, but Thielemann never paid the mortgage and, in fact, never intended to pay it at the time he made the promise. Burgdorfer sued for misrepresentation, the trial court found in his favor, and Thielemann appealed, arguing his statement about future payment wasn't an actionable misrepresentation of existing fact.
IssueFree
Whether a defendant's misrepresentation about his own present state of mind or intention constitutes an actionable misrepresentation of fact.