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227 N.C. 69

40 S.E.2d 418

Cox v. . Johnson

Supreme Court of North Carolina

Decided December 11, 1946

Supreme Court of North Carolina · decided 1946-12-11

Good law ✅— No negative treatment on recordhow we know

Decided 1946-12-11

How this case has been cited

Cited by 12 later decisions — most recently August 2009

8 state decisions

401946195019601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Stacy, C. J.

¶1 If it be conceded that the representation in respect of the tobacco allotment was false and was made with knowledge of its falsity, or with reckless disregard of its truth or falsity, and with intent to deceive, nevertheless it appears from plaintiff’s own evidence that he knew of the reduction in the tobacco allotment before purchasing the land. The law will not permit one to predicate an action for fraud upon a representation which he knows to be false, for he cannot be deceived by that which he knows. Harding v. Ins. Co., 218 N. C., 129, 10 S. E. (2d), 599; Tarault v. Seip, 158 N. C., 363, 74 S. E., 3; Williamson v. Holt, 147 N. C., 515, 61 S. E., 384, 17 L. R. A. (N. S.), 240; Hart v. Newland, 10 N. C., 122; 23 Am. Jur., 942.

¶2 No error has been made to appear in the judgment of nonsuit. It will therefore be upheld.

¶3 Affirmed.

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