Smyth v Lynn
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1951 |
| Date | 01 January 1951 |
| Court | Chancery Division (Northern Ireland) |
Specific performance.
A statement of mere opinion by one party to a contract which is relied on by the other party and which induces the contract does not in general give any title to relief unless fraud be established. But where the facts are within the peculiar knowledge of the party expressing the opinion such opinion may impliedly state that he has positive knowledge justifying the opinion. An advertisement of a house to be sold by auction described the property as being "in excellent structural and decorative repair, and ready for immediate owner occupation." The defendant read this advertisement and bought the house at the auction. The defendant subsequently discovered that the woodwork was infested with woodworm to such an extent that the judge found as a fact that the house was not "in excellent structural repair" and was not "ready for immediate owner occupation." Held, that as the...
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