Holcomb v. Hoffschneider

297 N.W.2d 210 (1980)

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Nature of the Case

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Facts

C.B’s salesman, Olson, listed D’s property for sale. The listing stated that the size of the lot was 6.8 acres. Olson placed advertisements in two local newspapers on several days in May through July 1975. The ads stated the property contained six acres. Ps attended an open house of the property and Olson walked the boundaries of the property with them. He also showed them the listing before they made their offer to buy, and stated at various times prior to the sale that he would guarantee the property contained at least 6.6 acres. Actually, it contained 4.6 acres. Ps saw the listing contract prior to their offer. The property was listed for $65,000. Ps eventually offered $54,000 for the house and lots and purchased the property for that price. Ps learned of the true size and sued for fraudulent misrepresentation. The jury found for P. Ds appealed and argued that Ps did not rely on Olson’s representation because they were aware of the boundaries of the property.