Can a vendor of a public house maintain an action for deceitful representations regarding the amount of rent received for a portion of the premises?
Saskatchewan, Canada
The following excerpt is from Ellerman v. Carruthers, 1908 CanLII 104 (SK QB):
In Dobell v. Stevens (1S25), 27 R.R. 441, where the vendor of a public house made, pending the treaty, certain deceitful representations respecting the amount of the business done in the house, and the rent received for a portion of the premises, whereby the plaintiff was induced to give a large sum for the premises, it was held that the latter might maintain an action on the case for the deceitful representations, although they were not noticed in the conveyance of the premises or any written memorandum of the bargain which was drawn up after these representations were made.
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