Osborne v. Holt

In Osborne v. Holt, 92 W.Va. 410, 114 S.E. 801 (1922), the Court explained: "It is very uniformly held that if it is represented that a certain state of facts is true, and this representation is made for the purpose of inducing another to act thereon, or under such circumstances as that the party making it must know that the other is likely to act thereon, and he does act thereon to his disadvantage, he will be entitled to recover the damages suffered by him, notwithstanding the party making the representation had no actual knowledge of the real conditions at the time. He is under a duty to know that the things he represents as facts are in fact true at the time he makes the representation. It is no excuse for him to say that he did not know they were false." (92 W. Va. at 415-16, 114 S.E. at 803.)