Anderson v. McPike
Supreme Court of Missouri
Appeal from Macon Circuit Court. — Hon. Andrew Ellison, Judge. The following is the instruction mentioned in tha opinion of the court.
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Appeal from Macon Circuit Court. — Hon. Andrew Ellison, Judge. The following is the instruction mentioned in tha opinion of the court. “8. The court instructs the jury that the claim made by Means is not a valid one as against the plaintiffs, and cannot be enforced against them, unless the jury find, from the evidence in the case, that McPike, in making the purchase at the trustee’s sale of said land made by J. B. Smith, bought the same for Modisett and not for himself, and it devolves upon the plaintiffs to show this by a preponderance of testimony, and if the plaintiffs have failed to do…
1Opinion of the CourtSherwood, J.
— Plaintiffs brought this action for damages based upon false representations charged to have been made to them by defendant, in effecting a sale to them of a farm in Ralls county, in February, 1873. *298The false representations are alleged to consist in statements made by the defendant as to the quality, title, and value of the land thus sold to them, as well as toModisett’s financial condition, whereby plaintiffs were induced to accept the farm and to surrender notes held by them against Modisett, whom the petition alleged was perfectly' solvent, had abundant property to pay all of his debts,…
2Cases cited1 opinion
- Fox v. HallSupreme Court of Missouri · 1881
3Cited by45 opinions
- Cottrill v. KrumSupreme Court of Missouri · 1890
- Forrister v. SullivanSupreme Court of Missouri · 1910
- Ortmeyer v. BruemmerMissouri Court of Appeals · 1984
- Walser v. WearSupreme Court of Missouri · 1897
- Meier v. MeierSupreme Court of Missouri · 1891
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