Devero v. Sparks
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. Chas. H. Mayer, Judge. (1) Plaintiff’s petition does not state a cause of action. Devlin on Deeds (2 Ed.), sec. 27; Insurance Co. v. Landis, 50 Mo. App. 116. (2) Plaintiff fell far short of making a case, or any issues that could be submitted to the jury. Harkless v. Barton County, 85 Mo. 619. (3) It is evident from plaintiff’s own testimony, that he relied on his own judgment when he took the quitclaim deed.
Read the full summary
Appeal from Buchanan Circuit Court. — Hon. Chas. H. Mayer, Judge. (1) Plaintiff’s petition does not state a cause of action. Devlin on Deeds (2 Ed.), sec. 27; Insurance Co. v. Landis, 50 Mo. App. 116. (2) Plaintiff fell far short of making a case, or any issues that could be submitted to the jury. Harkless v. Barton County, 85 Mo. 619. (3) It is evident from plaintiff’s own testimony, that he relied on his own judgment when he took the quitclaim deed. Consequently the principles laid down in Anderson v. McPike, 86 Mo. 293, are applicable here. (4) More than that, plaintiff could have informed…
1Opinion of the CourtTrimble, J.
Plaintiff sues to recover the value of a St. Joseph moving picture show he alleges he was fraudulently and deceitfully induced to trade for a tract of land in Morgan county. The charge is that defendants fraudulently represented to plaintiff that defendant Sparks was the owner of, and had a good unincumbered title to the land, and, relying thereon, plaintiff .agreed to exchange his picture show for the land, said Sparks to give a warranty deed conveying it free *503and clear of all encumbrances and with taxes paid; that plaintiff delivered tbe picture show pursuant to the contract and defendants…
2Cases cited11 opinions
- Judd v. WalkerSupreme Court of Missouri · 1908
- Judd v. WalkerMissouri Court of Appeals · 1905
- Leicher v. KeeneyMissouri Court of Appeals · 1903
- Wilson v. WilsonMissouri Court of Appeals · 1906
- Chase v. RuskCourt of Appeals of Kansas · 1901
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Goar v. BelinderMissouri Court of Appeals · 1923
- MacKinnon v. WeberMissouri Court of Appeals · 1934