Railway Company v. Buchtel - 101 U.S. 638 (1879)


U.S. Supreme Court

Railway Company v. Buchtel, 101 U.S. 638 (1879)

Railway Company v. Buchtel

101 U.S. 638

Syllabus

In a suit against B. upon his contract guaranteeing the payment of the purchase money of certain land, A. recovered judgment for the first installment. In a subsequent suit for the remaining ones, B. set up the same defense as in the first suit, that the contract was induced by the fraudulent representations of A. as to the quantity of timber on the land, and he moreover alleged that they amounted to a warranty, upon the breach of which he was entitled to recoup the damages sustained. Held that the judgment, having been rendered upon the finding of a referee that such representations were not made, is conclusive, as to the facts found, in all subsequent controversies between the parties on the contract.

The facts are stated in the opinion of the Court.



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