Page:Federal Reporter, 1st Series, Volume 2.djvu/172

 BEITTON V. BREWSTEB. 165 �up very favorably for Baldwin, particularly in this item of losses, of which Brewster bore two-thirds. In view of these facts, and of Burr's intimacy and close business relations with Baldwin, known as it was to Brewster, 1 think there was clearly no fraud in not communicating to Burr the details as to the losses of the firm, and as to Baldwin's financial troubles, as he made no special inquiries about them. �In respect to the alleged exaggerated estimates of future profits given by Brewster, it is very difficult to prove fraud in such a matter, since this was the expression of an opinion only, and known to Burr to be so. It was not, however, shown that Brewster did no't honestly entertain the opinion that he expressed. The complainant has put in evidence, and relies upon, the private letters of Brewster to Baldwin. It is claimed on the part of the defendants that in some respects these let- ters do not represent the real sentiments, feelings and opin- ions which on their face they appear to express ; that they were written for a purpose, which required and accounts for great exaggeration of the financial difficulties referred to in them. But the complainant insists that they must be taken as truthful expressions of the thoughts and opinions of the writer. Taking them at his own estimate of their proper construction they abundantly show that Brewster really en- tertained the most sanguine expectations, fully up to those expressed to Burr, of the probable success of a firm in which Baldwin's great abilities as a salesman should be aided by an amount of capital such as Burr proposed to put into the con- cern. There was, therefore, no proof of the alleged fraud in inducing Burr to go into the partnership. �It was also shown clearly by Burr's own testimony that the representations of Brewster, whatever they were, were not the operative inducements by which he was led to take this step ; that he had made up his mind not to go in, but was induced to change his purpose by the report and advice of his own book-keeper, whom he specially directed to make a thorough examination of Baldwin's books. The complain- ant's case is equally unfounded as to the other part of this supposed conspiracy and fraud. So far is it from being ����