Brooking v. Shinn
Missouri Court of Appeals
Appeal from Clinton Circuit Court, Hon. George W. Dunn, Judge. The case is stated in the opinion. I. The court erred in giving the declaration of law prayed by the plaintiff, because: It does not require that the representations complained of should have been made with a fraudulent intent. This is the foundation and gist of an action for deceit. Cooley on Torts, 475 ; Griswold v. Sabin, 12 Am. Rep. 76; Joliffe v. Collins, 21 Mo. 338 ; Peers n.
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Appeal from Clinton Circuit Court, Hon. George W. Dunn, Judge. The case is stated in the opinion. I. The court erred in giving the declaration of law prayed by the plaintiff, because: It does not require that the representations complained of should have been made with a fraudulent intent. This is the foundation and gist of an action for deceit. Cooley on Torts, 475 ; Griswold v. Sabin, 12 Am. Rep. 76; Joliffe v. Collins, 21 Mo. 338 ; Peers n. Danis, Admir, 29 Mo. 184; Owens n. Rector, 44 Mo. 390. “The gist of an action for wilful and fraudulent misrepresentations and concealments is the…
1Opinion of the CourtPhilips, P. J.
This is an action to recover damages for an alleged false and fraudulent representation made by defendant to plaintiff in the sale of land, as to. the number of acres contained in the farm. The allegation is, that the defendant falsely and fraudulently represented the number of acres to be two hundred, knowing the same to be false ; that the tract contained, in fact, only one hundred and eighty-six acres. Damages laid at two hundred and sixty dollars, with prayer therefor, and interest on that sum.
The cause was tried by the court, without the intervention of a jury. The court found the issues…
2Cases cited2 opinions
- Peers v. Davis' AdministratorsSupreme Court of Missouri · 1859
- Jolliffe v. CollinsSupreme Court of Missouri · 1855
3Cited by6 opinions
- Judd v. WalkerSupreme Court of Missouri · 1908
- Judd v. WalkerMissouri Court of Appeals · 1905
- Burch v. SchmeligMissouri Court of Appeals · 1957
- Tootle, Hosea & Co. v. John J. Lysaght & Co.Missouri Court of Appeals · 1896
- Phillips v. BachelderMissouri Court of Appeals · 1891
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