The seller of a mining claim exhibited to the purchaser a diagram of the claim which was a copy of the original plat made by the surveyor general and certified by him as correct and filed in the land office with the application for patent.
The plat showed the discovery shaft to be within the boundaries of the claim when in fact it was outside of said boundaries and upon another patented claim.
The seller made no representation or statement of his own knowledge that the discovery shaft was within the boundaries of the claim, and neither party had any personal knowledge as to the location of the shaft.
The Supreme Court of Colorado held in Connell vs. The El Paso Gold Mining and Milling Company that the exhibition of the false plat by the seller did not constitute an actionable fraudulent representation.