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Bishop v. E.A. Strout Realty Agency

182 F.2d 503 (1950)

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Bishop v. E.A. Strout Realty Agency

United States Court of Appeals for the Fourth Circuit

182 F.2d 503 (1950)

Facts

A husband and wife (plaintiffs) purchased a tract of land with water frontage, which the couple intended to use for fishing. The property was sold by E.A. Strout Realty Agency (Strout) (defendant) through a local representative, Oscar Davis. After purchasing the land, the couple realized that the water was too shallow for fishing. The couple brought suit against Strout. Davis was not a party to the suit. Evidence showed that Davis was aware of the couple’s desire to use the water for fishing and assured the couple that it was well suited to that purpose. Evidence also established that the husband and wife did not make their own examination of the water, though Davis showed it to the couple at high tide. The trial court directed a verdict for Strout. The husband and wife appealed. The United States Court of Appeals granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Parker, C.J.)

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