Case v. Edney

Brown v. Gray
51 N.C. 103 (N.C. 1858) Cited 7 times
Fraud - Other
In Brown v. Gray, 51 N.C. 103, the distinction is thus stated: "When the unsoundness is patent — that is, such as may be discovered by the exercise of ordinary diligence, mere silence on the part of the vendor is not sufficient to establish the deceit, although he knows of the unsoundness, because the thing speaks for itself, and it is the folly of the purchaser not to attend to it."
The first proposition: that, in regard to a patent unsoundness, to make out a deceit there must be proof of the scienter, and a suggestio falsi, is conceded on all hands. The second, that in respect to a latent unsoundness, proof of the scienter and a suppressio veri, will be sufficient, we consider equally well settled, by the reason of the thing, and by the cases in our Court; Cobb v. Fogleman, 1 Ire. Rep. 440; Case v. Edney, 4 Ire. Rep. 93. The former was for a deceit in the sale of a female slave, who had a latent disease — cancer in the womb, but at the time of the sale was a a stout, vigorous looking woman. The defendant was silent in respect to her disease.