The party deceived must have been in a situation such as to have no means of de- tecting the deceit. But see 52 Kan. 221. A person cannot sustain an action for de- ceit where no harm comes to him; 47 Minn. 225; 2 Misc. Rep. 257; nor can he where he does not rely on the misrepresentations; 86 Wis. 427. To entitle a party to maintain an action for deceit by means of false representations, he must, among other things, show that the defendant made false and fraudulent asser- tions, in regard to some fact or facts mate- rial to the transaction in which he was de- frauded, by means of which he was induced to enter into it; that the misrepresentations related to alleged facts or to the condition of things as then existent. It is not every representation relating to the subject-mat- ter of the contract which will render it void or enable the aggrieved party to maintain his action for deceit. It must be as to mat- ters of fact substantially affecting his inter- ests, not as to matters of opinion, judgment, probability, or expectation; 18 Pick. 95. In order to constitute deceit it is neces- sary either that the false representations should be known by the person making them to be untrue, or that he should have no reason to believe them true. Mere ig- norance of their falsity is no excuse; 42 Ga. 88; see 78 Ill. 65; 59 Ind. 379; 106 Mass. 77; 28 Mich. 53; 45 N. H. 422; 68 N. Y. 426. Deceit may be committed not only with the careful intention of one who knows what he asserts to be true or false, but also with the reckless intention of one who does not know what he represents to be true or false, but who, for one reason or another, is willing that his reckless representations should be believed: 9 Colo. 33; 53 N. J. Law 77; 13 Pet. 26; 31 N. W. Rep. (Minn.) 360, and cases cited. The mere expression of opinion is not de- ceit, though untrue and made in most posi- tive language; 3 T. R. 51; 2 East 92; 63 N. C. 304; but the expression of opinion as knowledge may render one liable for fraud; 42 Vt. 121. Thus a cattle-dealer who ex- presses an apparent opinion as to the weight of cattle he desires to sell, knowing it to be untrue, is guilty of deceit; 34 Wis. 62. Though false representations as to the value of land are not alone sufficient to sus- tain an action for damages, yet if in con- nection with others as to the net revenues derived, they are sufficient to support such an action; 66 Hun 633; 54 Fed. Rep. 320; and an action for false representation as to title, in a sale of lands, may be maintained though the deed contains no covenants; 54 Fed. Rep. 87. An action for deceit can only be based upon the misrepresentation of matters of fact, not of matters of law; unless the party who made the misrepresentation did it with knowledge both of the law and of the other's ignorance of it; 31 Ala. 434; 83 III. 238; 119 id. 567; 69 Ind. 1; L. R. 4 Ch. D. 702; 19 Tex. 303; 91 U. S. 45. If the party complaining of misrepresen- tations had the same sources of information as the one who made them, he must avail himself of his means of knowledge, or he cannot recover; 13 Wall. 379; 107 Mass. 364. But a contracting party may rely up- on express statements of fact, the truth of which is known or presumed to have been known to the other party, even where the means of information are open to him; Big. Torts 26; especially when the repre- sentation has a natural tendency to prevent investigation or is made the basis of the contract; id.; where one contracting party has a mental or physical infirmity, or where the parties do not stand upon an equal foot- ing, the duty of investigating the truth of statements may be less; id. 28. The plaintiff must also have acted upon the representation, and sustained injury by Bo doing; 4 H. & Ν. 225; 22 Me. 131; 84 Miss. 432; 30 Pa. 401; 63 N. H. 218; and they must have been made to him; 17 How. 183; 34 Miss. 432; 154 Mass. 286. One who purchases stock in the market, upon the faith of a prospectus received from persons not connected with the corporation, cannot enforce a liability against the directors for false representations therein; L. R. 6 Н. L. 377; but where a prospectus is put out by a company to sell its stock, any one of the public may act on it; Big. Torts 33. The false representations upon which de- ceit is predicated must also, in order to sup- port the action, be material and relevant, and be the determining factor of the trans- actions; L. R. 2 Ch. 611; 5 De G., M. & G. 126; 36 Ark. 362; 89 III. 29; 50 Ia. 687; 127 Mass. 217; 66 N. Y. 558. Where the effect of the misrepresenta- tions was to bring the parties into relations with each other, express evidence of an in- tent to defraud is unnecessary; but where by false representations one suffers damage in a transaction with a third person, there must be express evidence that the party making the representation intended it to be acted on, or that the plaintiff was justified in assuming that he so intended; 3 Term 51; Big. Torts 31. An honest b