Relying Upon a Positive Statement of Fact
The Supreme Court has noted that a person is justified in relying upon a representation made as a positive statement of fact when an investigation would be required to ascertain its falsity. Foiles v. Midwest Street Rod Assn. of Omaha, supra; Schuelke v. Wilson, 250 Neb. 334, 549 N.W.2d 176 (1996).
However, Nebraska law imposes a duty of ordinary prudence on the party alleging to have been defrauded. Schuelke v. Wilson, supra.
No action will lie where ordinary prudence would have prevented the alleged deception and the means of discovering the truth was in the hands of the party allegedly defrauded. Id.