Younger v. Hoge
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Rom. Warwick Hough, Judge. (1) A representation, to authorize the rescission 'of a contract; must be shown: 1, to have been false, :and known to be false, when made; 2, to have related to some past or existing fact; 3, to have been relied on by the complainant; 4, to have been material; and, 5, to have been made with the intent to deceive. Hamlin v. Abell, 120 Mo. 188; Edwards v. Noel, 88 Mo. App. 434; 14 Am. and Eng. Ency.
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Appeal from St. Louis City Circuit Court. — Rom. Warwick Hough, Judge. (1) A representation, to authorize the rescission 'of a contract; must be shown: 1, to have been false, :and known to be false, when made; 2, to have related to some past or existing fact; 3, to have been relied on by the complainant; 4, to have been material; and, 5, to have been made with the intent to deceive. Hamlin v. Abell, 120 Mo. 188; Edwards v. Noel, 88 Mo. App. 434; 14 Am. and Eng. Ency. Law, 63. (2) A representation of a future event or a promise cannot be a misrepresentation which will vitiate a contract. Estes…
1Opinion of the CourtValliant, P. J.
— This is a suit in .equity, in which the plaintiff seeks to annul a transaction in which he conveyed to defendant Heard a 200-acre farm in Illinois, and to require the defendant Morgan, to whom Heard afterwards conveyed it, to re-convey it to the plaintiff. The petition charges that the defendants Kester and Heard made certain false representations to Mm by which he was deceived and thereby induced to make the deed conveying the land to Heard, and that defendant Morgan took the deed from Heard with knowledge of the fraud and to aid the fraudulent scheme. The transaction consisted in the…
2Cases cited2 opinions
- Estes v. Desnoyers Shoe Co.Supreme Court of Missouri · 1900
- Wade v. RingoSupreme Court of Missouri · 1894
3Cited by14 opinions
- Empire Gas Corp. v. Small's LP Gas Co.Missouri Court of Appeals · 1982
- Grand Lodge of United Brothers of Friendship & Sisters of Mysterious Ten v. Massachusetts Bonding & InsuranceSupreme Court of Missouri · 1930
- Reed v. CookeSupreme Court of Missouri · 1932
- Metropolitan Paving Co. v. Brown-Crummer Investment Co.Supreme Court of Missouri · 1925
- Yerington v. RissSupreme Court of Missouri · 1964
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