Main v. Hall
Missouri Court of Appeals
Appeal from Olay Circuit Court.—Eon. Francis E. Trimble, Judge. (1) Fraud to be available as a defense, must be pleaded, and the facts constituting tbe supposed fraud must be set out. Consequently the court erred in admitting evidence of fraud over the objection of appellant. Nicholas v. Stevens, 123 Mo. 117; Paving Co. v. Field, 188 Mo. 204. (2) A party cannot blindly sign a statement, and then assert he was defrauded. He had the means at hand to see what the contract was.
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Appeal from Olay Circuit Court.—Eon. Francis E. Trimble, Judge. (1) Fraud to be available as a defense, must be pleaded, and the facts constituting tbe supposed fraud must be set out. Consequently the court erred in admitting evidence of fraud over the objection of appellant. Nicholas v. Stevens, 123 Mo. 117; Paving Co. v. Field, 188 Mo. 204. (2) A party cannot blindly sign a statement, and then assert he was defrauded. He had the means at hand to see what the contract was. The agent said nothing to mislead him. Mfg. Co. v. Carle, 116 Mo. App. 581; Anderson v. McPike, 86 Mo. 300; Price v.…
1Opinion of the CourtBroaddus, P. J.
The plaintiff’s suit is for the value of certain merchandise alleged to have been sold to defendant on his written order. The answer is a general denial and a plea of non est factum. The judgment was for defendant from which plaintiff appealed.
The defendant was a young man with three years’ experience as a merchant and doing business at Kearney, Missouri. The order in controversy is mostly.in print and quite lengthy, on the back of which is printed a list of a great many articles of merchandise and their prices.
The testimony of defendant shows that on June 25, 1906, J. B. Weil plaintiff’s…
2Cases cited7 opinions
- Sweeney v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1899
- Nichols v. StevensSupreme Court of Missouri · 1894
- Wright v. McPikeSupreme Court of Missouri · 1879
- Corby v. WeddleSupreme Court of Missouri · 1874
- Barber Asphalt Paving Co. v. FieldSupreme Court of Missouri · 1905
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3Cited by2 opinions
- Gideon v. TeedMissouri Court of Appeals · 1924
- First National Bank v. AselMissouri Court of Appeals · 1911