Leslie Bergh and his two brothers Milton and raymond, formed a partnership to help build a fancy saloon and dance hall in Evanston, Wyoming. Later Leslie met with his friend and drinking buddy John Mills, and tricked Mills into investing in the saloon. Leslie did not tell Mills that no one else was investing cash or that the entire enterprise was already bankrupt. Mills remortgaged his home and invested $150,000 in the saloon and lost every penny of it. Mills sued all three partners for fraud. Milton and Raymond defended on the grounds that they did not commit fraud; only Leslie did. The defendants lost. Was that fair? By holding them liable, what general idea did the court rely on? What Anglo-Saxon legal custom did the ruling resemble?

Leslie Bergh and his two brothers Milton and raymond, formed a partnership to help build a fancy saloon and dance hall in Evanston, Wyoming. Later Leslie met with his friend and drinking buddy John Mills, and tricked Mills into investing in the saloon. Leslie did not tell Mills that no one else was investing cash or that the entire enterprise was already bankrupt. Mills remortgaged his home and invested $150,000 in the saloon and lost every penny of it. Mills sued all three partners for fraud. Milton and Raymond defended on the grounds that they did not commit fraud; only Leslie did. The defendants lost. Was that fair? By holding them liable, what general idea did the court rely on? What Anglo-Saxon legal custom did the ruling resemble?

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