Hitchcock v. Baughan
Missouri Court of Appeals
Appeal from the OzarTc Circuit Court. — Hon. J. P. Hale, Judge. (1) The law should have been declared as prayed in appellant’s declarations 1, 3, 3, to the effect that to defeat appellant’s action the evidence of fraudulent misrepresentation must have been clear and convincing.
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Appeal from the OzarTc Circuit Court. — Hon. J. P. Hale, Judge. (1) The law should have been declared as prayed in appellant’s declarations 1, 3, 3, to the effect that to defeat appellant’s action the evidence of fraudulent misrepresentation must have been clear and convincing. (3) The law should have been declared as prayed in appellant’s fourth declaration, to the effect that if the avenues of information were open to respondent he cannot recover unless it appears that appellant used some artifice to throw him off his guard. Dunn v. White, 63 Mo. 181; Bailey v. SmocTc, 61 Mo. 313; Langdon…
1Opinion of the CourtThompson, J.
This was a suit on a promissory note given for a part of the purchase money of a tract of land. The answer admits the making of the note but sets up, by way of counter-claim, that the plaintiff fraudulently' misrepresented the boundaries of the land, so as to make it appear to take in a dwelling house, kitchen, and barn of the value of three hundred dollars, a certain fourteen acres of improved land of the value of two hundred dollars, and a certain piece of unimproved land of the value of one hundred dollars, — and asks a judgment against the plaintiff for damages in the sum of five hundred…
2Cases cited10 opinions
- Wannell v. KemSupreme Court of Missouri · 1874
- Dunn v. WhiteSupreme Court of Missouri · 1876
- Holland v. AndersonSupreme Court of Missouri · 1866
- Bailey v. SmockSupreme Court of Missouri · 1875
- Langdon v. GreenSupreme Court of Missouri · 1872
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3Cited by5 opinions
- Judd v. WalkerSupreme Court of Missouri · 1908
- Cantrell v. DavidsonMissouri Court of Appeals · 1914
- Hitchcock v. BaughanMissouri Court of Appeals · 1891
- Hawman v. McLeanMissouri Court of Appeals · 1909
- Frankenthal v. GoldsteinMissouri Court of Appeals · 1891