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Harper v. Adametz, 142 Conn. 218, 113 A.2d 136, 55 A.L.R.2d 334

Facts

Joseph B. Tesar was the conservator of his father’s estate, which included an eighty-acre farm. Jere Adametz, a real estate agent, misrepresented the offers made for the property, claiming a lower offer while concealing a higher one from the purchaser. The purchaser, after being misled, ended up buying only a portion of the property, while Adametz facilitated the sale of the remaining land to his son, resulting in a fraudulent transaction.

The facts found, which are not subject to correction, are as follows: Joseph B. Tesar was conservator of the estate of his father, William Tesar, an incompetent, who owned eighty acres of land and the buildings thereon in the town of Haddam.

Issue

Did the real estate agent commit fraud by failing to disclose the purchaser's higher offer and misrepresenting the status of the sale?

Did the real estate agent commit fraud by failing to disclose the purchaser's higher offer and misrepresenting the status of the sale?

Rule

In an action for fraud, the plaintiff must prove that they have been injured by the misrepresentation, which typically requires showing a substantial pecuniary loss.

It is the general rule that in an action at law for fraud the plaintiff, to recover, must prove that he has been injured.

Analysis

The court determined that Jere Adametz, while acting as an agent for Tesar, had a duty to disclose the higher offer made by the plaintiff. By failing to do so and instead submitting a lower offer, he misled both the vendor and the purchaser. The court found that the plaintiff was deprived of the opportunity to purchase the entire farm due to Adametz's fraudulent actions.

Jere was not the agent of the plaintiff. Nevertheless, he could not deliberately deceive him. It was Jere's advertisement in the newspaper which had aroused the interest of the plaintiff in the property and had brought him to Haddam to inspect it.

Conclusion

The court concluded that the plaintiff was entitled to the entire farm upon payment of the balance of his original offer, and thus the judgment was set aside and the case remanded for further proceedings.

There is error, the judgment is set aside and the case is remanded to the Superior Court for proceedings in accordance with this opinion.

Who won?

The plaintiff prevailed in the case because the court found that the real estate agent's fraudulent conduct deprived him of his rightful opportunity to purchase the entire farm.

The plaintiff has proffered $1000, which represents the balance of the amount of his original offer over and above the purchase price he paid for the seventeen acres.

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