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eBook details

• Title: Schleifer v. Worcester North Sav. Inst
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 08, 1940
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

QUA, Justice. After the plaintiff waived a count in contract, the Judge directed a verdict for the defendant upon the plaintiff's opening on his count in tort for deceit. The question is whether the opening stated a cause of action under the latter count. The substance of the opening, so far as it is necessary to state it for the purpose of this decision, is this: In March, 1933, General Luggage Corporation owned a large mill building in Fitchburg which was in a run down condition and practically vacant, and upon which the defendant held a mortgage for $90,000. The luggage corporation, acting through one Williams, had interested the plaintiff in a proposition that the plaintiff should take a twenty-one year lease upon the building, repair it, and make it a success. The plaintiff desired to know the attitude of the bank as mortgagee. The plaintiff and Williams then called upon one Brown, who was president of the bank, and who had been informed of the pending negotiations. Brown said it would be a splendid thing for the building if the plaintiff would take a lease. He told the plaintiff and Williams that he was very sure that the bank would extend the mortgage for ten years and increase it by $25,000, so that arrears of taxes and interest could be paid, that he would give a 'definite, final and formal answer' after a meeting of the 'directors or trustees' to be held that afternoon, and that he would take the matter up with the trustees and with the 'board.' Later in the day Brown told the plaintiff and Williams that the 'directors' had voted to extend and to increase the mortgage as set forth above. Brown also told the plaintiff that the plaintiff might consider the taxes and interest paid, and that Brown would advance the $25,000 as soon as the lease was signed, and told Williams in the presence of the plaintiff that Williams might give the plaintiff a letter stating that the interest and taxes were paid. In fact the bank had not voted to extend or to increase the mortgage. The defendant throughout intended not to extend and not to increase the mortgage, and foreclosed it a few weeks afterwards, so that the plaintiff, who had entered into a lease and paid a deposit of about $12,500 and 'some twenty-five hundred dollars more' in reliance upon Brown's statements, lost these sums and the moneys expended by him in the meantime in making repairs. Brown was acting for the bank throughout and made the misrepresentations within the scope of his authority.

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