This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
Examples of material representations are: statements to an insurance company, which is adjusting a loss, that there are no books which show the cost of the property destroyed;1 that an insurance company has evidence that assured died by his own hand while of sound mind;2 pointing out different land from that conveyed in the deed;3 or misstating its location as being on a corner,4 or bounded by a public alley;5 misstating the width of the adjoining street;6 that a street is sewered;7 or misrepresenting the title to mortgaged realty,8 or to realty offered for sale;9 that the other co-owner had agreed to the terms offered as far as his interest was concerned;10 that no prior contract for the sale of such land has been entered into by the vendor if he has entered into such contract, even if it has been broken by such prior vendee, as long as such breach would not prevent specific performance in equity;11 a statement to a vendee of realty to the effect that the encumbrances were much smaller than they really were;12 that vendor's interest is a legal fee, when in reality it is an equitable interest under a contract;13 a misrepresentation as to area,14 or as to rent paid,15 or as to the number and kind of fruit trees on certain realty,16 or as to the fact that a farm was free from weeds;17 a statement as to the encumbrances on realty;18 a statement that vendor has a party ready to make a loan on the property;19 that renewing security for a loan does not increase liability, when, in fact, other security is released, casting a greater burden on the property conveyed;20 a representation by a creditor to a guarantor that the amount of a note of the principal debtor represented debts for which the guarantor was liable, by which representation the guarantor was induced to sign a renewal note for the amount of the original note, which was greatly in excess of the amount for which such guarantor was liable;21 a false statement by A, a subscriber to stock, to the effect that he was insolvent, whereby B, the other subscriber, was induced to take over the property of the corporation and assume its debts, even if B was already liable for such debts as surety for the corporation,22 as to the amount due on a judgment offered for sale;23 a representation that a ward's counsel had advised settlement with the sureties on her guardian's bond and had said that she would probably realize little or nothing by further litigation, whereby she is induced to release the sureties;24 a representation as to the length of time (three years) that a vendor had resided on certain realty, where under the statute after three years' residence the purchaser could receive a patent from the state on payment of the price;25 that a patent covers the entire article when it really covers only the design;26 a false representation that vendee on credit is solvent when in fact he is not;27 a statement as to the conditions on which others have subscribed to stock offered for sale,28 or to the fund in question,29 or a statement to a subscriber to a book on "Men of Progress of the State of Maine" of the number of men both from his town and state, whose biographies would be inserted therein;30 a statement that a set of books is a special edition, at least if such books would have added value if such statements were true;31 a statement to a person who intends to send his daughter to school, to the effect that former classmates of hers have agreed to attend such school, if made with the knowledge that the parent wishes to select a school which former classmates of his daughter will attend;32 a false statement made to a husband by the wife and by her physician, to the effect that the condition of her health is such that it is necessary for her to live apart from him, by which he is induced to settle property upon her for her support, when in fact such woman and such physician are living together in improper relations;33 a statement that certain members of a board had agreed to a certain contract, made to induce other members of such board to make such contract;34 failing to disclose to his co-purchasers that such purchaser has entered into such contract in reliance on the seller's promise to give him his share without payment;35 a statement by the seller of a stock of
3 California. Colton v. Stanford, 82 Cal. 351, 16 Am. St. Rep. 137, 23 Ac. 16; Norris v. Hay, 149 Cal. 695, 87 Ac. 380; Davis v. Butler, 154 Cal. 623, 98 Ac. 1047.
Iowa. Lantz v. Ryman, 102 la. 348, 71 N. W. 212.
Michigan. McNamara v. Qargett, 68 Mich. 454, 13 Am. St. Rep. 355, 36 N. W. 218.
Nebraska. Gerner v. Yates, 61 Neb. 100, 84 N. W. 596.
Pennsylvania. Brown v. Dobson, 198 Pa. St. 487, 48 Atl. 415.
Washington. Bormann v. Hatfield, 96 Wash. 270, 164 Ac. 921 [sub nomine, Bormann v. Vyverberg, L. R. A. 1917E, 1052]; Griffith v. Gifford, 97 Wash. 22, 165 Ac. 874.
West Virginia. Cleavenger v. Sturm, 59 W. Va. 658, 53 S. E. 593.
4 Como Orchard Land Co. v. Mark-ham, 54 Mont. 438, 171 Ac. 274.
1 Stockton, etc., Works v. Ins. Co., 98 Cal. 557, 33 Ac. 633.
2 Michigan, etc., Ins. Co. v. Naugle,
130 Ind. 79, 29 N. E. 393; see McLean v. Assurance Society, 100 Ind. 127, 50 Am. Rep. 779.
3 Nelson v. Carlson, 54 Minn. 90, 55 N. W. 821; Nearen v. Blakewell, 110 Mo. G45, 19 S. W. 988.
4 Hoock v. Bowman, 42 Neb. 80, 4? Am. St. Rep. 691, 60 N. W. 389.
5 Shultz v. Redondo Improvement Co., 156 Cal. 439, 105 Ac. 118.
6 Ruehl v. Scott, 66 Wash. 318, 119 Ac. 742.
7 Crane v. Reutschler, 88 N. J. L. 560, 98 Atl. 671 [affirmed Crane v. Reutschler, 89 N. J. L. 710, 99 Atl. 1070].
8 Baker v. Maxwell, 99 Ala. 558, 14 So. 468. (Even if the mortgagor is solvent, as the mortgagor has a right to invoke either remedy.)
9 Herman v. Hall, 140 Mo. 270, 41 S. W. 733; Spoor v. Tilson, 97 Va. 279, 33 S. E. 609.
10 Perkins v. Lyons, 68 Wash. 498, 123 Ac. 793.
11 Norris v. Hay, 149 Cal. 695, 87 Ac. 380.