Becraft v. Grist
Missouri Court of Appeals
Appeal from the Schuyler Circuit Court. — Hon. Andrew Ellison, Judge. • (1) The court erred in refusing instructions 3 and 4 prayed by plaintiff. The land was in a distant state; the representations were for that reason warranties. Shinnalcvrger v. Shelton, 41 Mo. App. 157; Cooley on Torts, 487, 488; McBeth v. Craddock, 28 Mo.
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Appeal from the Schuyler Circuit Court. — Hon. Andrew Ellison, Judge. • (1) The court erred in refusing instructions 3 and 4 prayed by plaintiff. The land was in a distant state; the representations were for that reason warranties. Shinnalcvrger v. Shelton, 41 Mo. App. 157; Cooley on Torts, 487, 488; McBeth v. Craddock, 28 Mo. App. 380, 397. Defendant’s false representations need not have been the sole inducement; it is enough if they were a cause — if they operated with other causes to induce plaintiff to make the purchase. Cahn v. Reid, 18 Mo. App. 116, 127; Saunders v. McClintock, 46 Mo.…
1Opinion of the CourtGill, J.
Plaintiff’s action is one for damages, growing out of a trade involving certain lands in Rio *588Grande county, Colorado, charging false and fraudulent representations, upon which plaintiff relied, in the particulars following, to-wit: First, as to the distance from the lands in question to the towns of Monte Yista, Alamosa and Parma. Second, as to the crop of wheat grown on the land for the year 1890, one-half of which plaintiff claims was to pass to him in the trade. Third, as to size and character of the dwelling-house on the land. As to the first complaint damages are laid at $800, second at…
2Cases cited2 opinions
- Cahn v. ReidMissouri Court of Appeals · 1885
- Saunders v. McClintockMissouri Court of Appeals · 1891
3Cited by1 opinion
- American Hardwood Lumber Co. v. DentMissouri Court of Appeals · 1906