Stones v. Richmond
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hon. Turner A. Gíill, Judge. Statement of case by tbe court. Plaintiffs are husband and wife. Defendant was the owner of a grocery store in Kansas City, Mo., which he traded to plaintiff Hannah, for her house and lot in said city. The husband acted as agent for the wife in the negotiations for the trade, and assisted in running the store after the trade. The evidence was undisputed that plaintiff had no experience as a grocer.
Read the full summary
Appeal from Jackson Circuit Court, Hon. Turner A. Gíill, Judge. Statement of case by tbe court. Plaintiffs are husband and wife. Defendant was the owner of a grocery store in Kansas City, Mo., which he traded to plaintiff Hannah, for her house and lot in said city. The husband acted as agent for the wife in the negotiations for the trade, and assisted in running the store after the trade. The evidence was undisputed that plaintiff had no experience as a grocer. The evidence tended to show that defendant represented to plaintiff that he had taken an invoice of the stock of groceries since the…
1Opinion of the CourtEllison, J.
— Ordinarily a representation as to value, though false, will not be considered fraudulent if the parties are upon equal footing, but merely an expression of' *20opinion. The exception to the rule being that if the parties are not upon equal footing the law does not preclude one from trusting another in regard to those things of which that other has the means of knowledge and the one is not in a position to know or ascertain the truth from his-own observation. If from the character, situation or surroundings of the thing traded for, one party is compelled to trust the representations of the…
2Cases cited4 opinions
- Noble v. BlountSupreme Court of Missouri · 1883
- Cahn v. ReidMissouri Court of Appeals · 1885
- Wade v. HardySupreme Court of Missouri · 1882
- Bray v. MarshallSupreme Court of Missouri · 1882
3Cited by11 opinions
- Stonemets v. HeadSupreme Court of Missouri · 1913
- Shepherd v. WoodsonSupreme Court of Missouri · 1959
- McBeth v. CraddockMissouri Court of Appeals · 1887
- Bragg v. Kirksville Farmers Packing & Warehouse Co.Missouri Court of Appeals · 1920
- Ferneau v. WhitfordMissouri Court of Appeals · 1890
6 more not listed; retrieve them via the Exa API.