Judd v. Walker
Supreme Court of Missouri
215 Mo. 312 (1908)
Bourland, acting as an agent for Judd (plaintiff), traveled to Illinois to buy two tracts of land from Naxera through Naxera's agent, Walker (defendant). Neither Judd nor Bourland knew the local land. Walker told Bourland the tracts contained 80 and 98 acres, though Walker and Naxera knew Naxera didn't actually own that much land, and a deed was drawn up purporting to convey 178 acres. A later survey showed Judd received only about 153 acres. Judd sued Walker for fraud; the trial court directed a verdict for Walker, but the court of appeals reversed, finding that Walker and Naxera made false statements of fact that Judd and Bourland relied on without knowing the truth. The Missouri Supreme Court took the case.
Whether a seller's false statements about a property's acreage are actionable statements of fact, rather than mere opinion, that can support a fraud claim when a buyer with no way of knowing the truth relies on them.