Kendrick v. Ryus
Supreme Court of Missouri
Appeal from Jasper Circuit Court.— Hon. Hugh Dabbs,, Judge. (1) The court erred in permitting Kendrick to testify what the mine would have been worth if as represented, and erred in permitting Lyman to testify what the mine would have been worth if as represented. It was incompetent and the value was purely speculative. The value was fixed at $4,000, being the amount paid by plaintiff to appellant.
Read the full summary
Appeal from Jasper Circuit Court.— Hon. Hugh Dabbs,, Judge. (1) The court erred in permitting Kendrick to testify what the mine would have been worth if as represented, and erred in permitting Lyman to testify what the mine would have been worth if as represented. It was incompetent and the value was purely speculative. The value was fixed at $4,000, being the amount paid by plaintiff to appellant. Smith v. Bowles, 132 U. S. 125; 2 G-reenleaf on Evidence, sec. 256; Carter v. Binnegar, 33 N. J. L. 515; Sigafus v. Porter, 179 U. S. P. 117; Rockefeller v. Merritt, 40 U. S. App. 666; High v.…
1Opinion of the CourtGraves, J.
This is an action for fraud and deceit in the sale of a lease on certain mining lots in Jasper county, Missouri. Plaintiff sues, as trustee, for himself and other parties interested with him in the deal. Defendant had acquired a previous lease on the premises, and afterward had acquired the fee interest in the land, so that at the time he was in position to make a lease to plaintiff. Defendant had been mining upon a portion of the lots in question, and had agreed to give one Roby a lease on the same for the price and sum of $4,000. With the lease, was to go certain mining machinery. Roby was…
2Cases cited6 opinions
- Smith v. BollesSupreme Court of the United States · 1889
- Morse v. HutchinsMassachusetts Supreme Judicial Court · 1869
- Gustafson v. RustemeyerSupreme Court of Connecticut · 1898
- Caldwell v. HenrySupreme Court of Missouri · 1882
- Shinnabarger v. SheltonMissouri Court of Appeals · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Heberer v. Shell Oil Co.Supreme Court of Missouri · 1988
- Smith v. TracySupreme Court of Missouri · 1963
- Schwab v. Philip Morris USA, Inc.District Court, E.D. New York · 2006
- Auffenberg v. HafleyMissouri Court of Appeals · 1970
- Stonemets v. HeadSupreme Court of Missouri · 1913
33 more not listed; retrieve them via the Exa API.