Herman v. Hall
Supreme Court of Missouri
Appeal from, Cedar Circuit Court. — Hon. D. P. Stratton, Judge. (1) Appellant told plaintiff he had a good title. That was the expression of an opinion based upon the fact that he had deeds for the land and nothing more, and no injury resulted to plaintiff and none was threatened.
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Appeal from, Cedar Circuit Court. — Hon. D. P. Stratton, Judge. (1) Appellant told plaintiff he had a good title. That was the expression of an opinion based upon the fact that he had deeds for the land and nothing more, and no injury resulted to plaintiff and none was threatened. Anderson v. McPike, 86 Mo. 293. (2) There was no evidence that plaintiff relied alone upon the statements of defendant in relation to the title of the land in question, but on the contrary the plaintiff testified that he did not rely upon what defendant said about his title, and would not have taken Hall’s opinion…
1Opinion of the CourtGantt, P. J.
This is a suit in equity by plaintiff to rescind a contract for the purchase of one hundred and ten acres of land lying in Cedar county, for which plaintiff agreed to pay defendant $1,650, of which sum $850 was paid in cash and plaintiff gave his note for $800, and executed a deed of trust on all of said land to secure it. Defendant gave plaintiff a warranty deed with the usual covenants to all of the land.
The petition, after averring the foregoing facts, avers that the defendant represented to plaintiff that his title to the farm was . clear, and was free from in-cumbrances, which…
2Cases cited9 opinions
- Rothschild v. . MackNew York Court of Appeals · 1889
- Marsh v. FalkerNew York Court of Appeals · 1869
- Knappen v. FreemanSupreme Court of Minnesota · 1891
- Dunn v. WhiteSupreme Court of Missouri · 1876
- Hamlin v. AbellSupreme Court of Missouri · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Judd v. WalkerSupreme Court of Missouri · 1908
- Nixon v. FranklinSupreme Court of Missouri · 1956
- Judd v. WalkerMissouri Court of Appeals · 1905
- Whittlesey v. SpenceMissouri Court of Appeals · 1969
- Cannon v. BingmanMissouri Court of Appeals · 1962
1 more not listed; retrieve them via the Exa API.