Cole Bros. v. Wiedmair
Missouri Court of Appeals
Appeal from Buchanan Circuit Court, Host. Gr. D. Bubgess, Judge. The facts are sufficiently stated in the opinion of the court. I. The false statements and fraudulent representations must be in regard to the existence or non-existence 'of material facts affecting the subject matter of the contract. Smithers v. Bireher, 2 Mo. App. 499. Brownlee v. Hewitt, 1 Mo. App. 365; Torry v. Charter oak Fife Fiswrance Co., 3 Mo. App. 595; Stevens v. Rainwater, 4 Mo.
Read the full summary
Appeal from Buchanan Circuit Court, Host. Gr. D. Bubgess, Judge. The facts are sufficiently stated in the opinion of the court. I. The false statements and fraudulent representations must be in regard to the existence or non-existence 'of material facts affecting the subject matter of the contract. Smithers v. Bireher, 2 Mo. App. 499. Brownlee v. Hewitt, 1 Mo. App. 365; Torry v. Charter oak Fife Fiswrance Co., 3 Mo. App. 595; Stevens v. Rainwater, 4 Mo. App. 292. These facts must not be within the knowledge of the party complaining; they must not be such that he can ascertain the truth…
1Opinion of the CourtEllison, J.
This action was commenced in the Buchanan circuit court to recover on a contract for the erection of lightning rods on respondents’ buildings. The answer admitted the signing of the contract, but charged it was procured by fraud of plaintiffs’ agents, in that, among other things, said agents represented it merely ‘ ‘ to be an order for the use of plaintiffs’ foreman in putting up said rods, to inform him where said houses were and how and in what manner and style to put the rods thereon; that defendants, who were deceived by said statements and representations in regard to said order, were…
2Cases cited3 opinions
- Hamilton v. MarksSupreme Court of Missouri · 1876
- Wright v. McPikeSupreme Court of Missouri · 1879
- Briggs v. EwartSupreme Court of Missouri · 1873
3Cited by4 opinions
- James v. CloughMissouri Court of Appeals · 1887
- Palmer v. Continental InsuranceMissouri Court of Appeals · 1888
- James T. Hair Co. v. WalmsleyMissouri Court of Appeals · 1888
- Van Ravenswaay v. Covenant Mutual Life InsuranceMissouri Court of Appeals · 1901