Grigsby v. Stapleton
Supreme Court of Missouri
Appeal from 'Nodaway Qircioit Court. — Hon. H. S. Kelley, Judge., (1) The rule camat emptor does not apply in this case, (a) Where a vendor sells property having a latent defect, materially affecting its value, of which he is aware, or has notice, and of which he knows the vendee is ignorant, and buying upon the supposition that no such defect exists, yet sells the property to such vendee, for the full value of the same without such defect and without disclosing such defect…
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Appeal from 'Nodaway Qircioit Court. — Hon. H. S. Kelley, Judge., (1) The rule camat emptor does not apply in this case, (a) Where a vendor sells property having a latent defect, materially affecting its value, of which he is aware, or has notice, and of which he knows the vendee is ignorant, and buying upon the supposition that no such defect exists, yet sells the property to such vendee, for the full value of the same without such defect and without disclosing such defect to him, such vendor is guilty of fraud and the fraud may be pleaded in an action for the price of the property. Cecil,…
1Opinion of the CourtBlack, J.
Tliis was a suit in two counts. The first declares for the contract price of one hundred head of cattle sold by the plaintiff to the defendant. The second seeks to recover the value of the same cattle. The contract price, as well as the value, is alleged to have been $8,431.25. The answer is (1) a general denial; (2) a fraudulent representation as to the health and condition of the cattle ; (3) fraudulent concealment of the fact that they had Spanish or Texas fever; (4) tender of their value in their diseased condition.
Plaintiff purchased one hundred and five head of cattle at the stock yards…
2Cases cited3 opinions
- Jeffrey v. BigelowNew York Supreme Court · 1835
- McAdams v. CatesSupreme Court of Missouri · 1857
- Barron v. AlexanderSupreme Court of Missouri · 1858
3Cited by8 opinions
- Griswold v. MorrisonCalifornia Court of Appeal · 1921
- Fitzhugh v. NirschlOregon Supreme Court · 1915
- Puls v. Hornbeck Et UxSupreme Court of Oklahoma · 1909
- Dale v. Pierson-Brewen Commission Co.Missouri Court of Appeals · 1912
- Gottschalk v. KircherSupreme Court of Missouri · 1891
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