McDevitt v. Pettigrew

Supreme Court of Rhode Island

McDevitt v. Pettigrew

401 A.2d 1307, 121 R.I. 968, 1979 R.I. LEXIS 1933

CourtSupreme Court of Rhode Island

DecidedMay 8, 1979

DocketAppeal No. 77-382

StatusPublished

This text of 401 A.2d 1307 (McDevitt v. Pettigrew) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McDevitt v. Pettigrew, 401 A.2d 1307, 121 R.I. 968, 1979 R.I. LEXIS 1933 (R.I. 1979).

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Opinion

This is a civil action in which the plaintiffs sought to recover for damages resulting from alleged misrepresentation and deceit in a real estate transaction. In the Superior Court, the plaintiffs alleged that they had relied to their detriment upon false representations, made by the agent handling the transaction, regarding the purchasers’ financial status. Sitting without a jury, the trial justice found that the agent had not indulged in making a statement of fact but had merely stated her belief concerning the reliability of the potential purchasers. The trial justice found that the plaintiffs therefore had not met the strict standard of proof necessary to establish intentional misrepresentation. Halpert v. Rosenthal, 107 R.I. 406, 412, 267 A.2d 730, 733 (1970). He thus entered judgment for the defendants and this appeal followed. The plaintiffs are now before us in response to our order asking them to show cause why their appeal should not be dismissed in light of the great weight that we accord to the findings of fact of a trial justice sitting without a jury. Russo [969]*969v. Stearns Farms Realty, Inc., 117 R.I. 387, 391, 367 A.2d 714, 717 (1977).

Oster, Groff ir Prescott, George M. Prescott, for plaintiffs. Higgins, Cavanagh ir Cooney, John T. Walsh, Jr., John T. Walsh, (for defendants Marion Heywood and Henry W. Cooke Co.).

After considering the briefs in the case and listening to oral argument, we are of the opinion that the plaintiffs have failed to show cause, and consequently, the appeal is hereby denied and dismissed.

Mr. Justice Joslin did not participate.

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This is a civil action in which the plaintiffs sought to recover for damages resulting from alleged misrepresentation and deceit in a real estate transaction. In the Superior Court, the plaintiffs alleged that they had relied to their detriment upon false representations, made by the agent handling the transaction, regarding the purchasers’ financial status. Sitting without a jury, the trial justice found that the agent had not indulged in making a statement of fact but had merely stated her belief concerning the reliability of the potential purchasers. The trial justice found that the plaintiffs therefore had not met the strict standard of proof necessary to establish intentional misrepresentation. Halpert v. Rosenthal, 107 R.I. 406, 412, 267 A.2d 730, 733 (1970). He thus entered judgment for the defendants and this appeal followed. The plaintiffs are now before us in response to our order asking them to show cause why their appeal should not be dismissed in light of the great weight that we accord to the findings of fact of a trial justice sitting without a jury. Russo [969]*969v. Stearns Farms Realty, Inc., 117 R.I. 387, 391, 367 A.2d 714, 717 (1977).

Oster, Groff ir Prescott, George M. Prescott, for plaintiffs. Higgins, Cavanagh ir Cooney, John T. Walsh, Jr., John T. Walsh, (for defendants Marion Heywood and Henry W. Cooke Co.).

After considering the briefs in the case and listening to oral argument, we are of the opinion that the plaintiffs have failed to show cause, and consequently, the appeal is hereby denied and dismissed.

Mr. Justice Joslin did not participate.

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Bluebook (online)

401 A.2d 1307, 121 R.I. 968, 1979 R.I. LEXIS 1933, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdevitt-v-pettigrew-ri-1979.

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