770. Burden of proving materiality on representee.

770.     Burden of proving materiality on representee.

Materiality, if disputed, must be established by the representee1 in addition to, and apart from, inducement2. This burden is usually discharged by comparison of the terms of the representation with the proved or admitted facts of the case. When once the circumstances are established, the question is, as a rule, the subject of argument only, but, in certain cases (for example where the representation is only an implied one from the external appearance of an object) it may be necessary to adduce some evidence of its tendency to deceive