Legg v. Johnson
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Shepard Barclay, Judge. A contra•diction between two instructions, so far from correcting >the evils of either, multiplies them both. Turner v. Babb, 45 Mo. 387; Henshen v. O'Bannon, 56 Mo. 289 ; Goetz v. Railroad, 50 Mo. 472; The State v. Mitchell, •64 Mo. 191; The State v. Hauert, 2 Mo. App. 295; Stevenson v. Hancock, 72 Mo. 614; Price v. Railroad, 77 Mo. 512; The State v. Simms, 68 Mo. 309; Staples v. -Town of Canton, 69 Mo. 594.
1Opinion of the CourtRombauer, J.
The main controversy of fact in this cause is, whether the defendant in certain transactions involving the purchase of property by the plaintiff, acted as a •vendor principal, or as the plaintiff’s agent.
The petition charges, in substance, that the defendant fraudulently represented to the plaintiff that certain mining property in which he, the defendant, was interested as co-owner, was of great value, and that owing to the need of some of the other owners of the property, their interests in this and some adjoining property could .be bought at a very low figure. That if the plaintiff ■would…
2Cited by2 opinions
- Costigan v. Michael Transportation Co.Missouri Court of Appeals · 1888
- Cotton v. ArnoldMissouri Court of Appeals · 1906