Flack v. Wahl
Missouri Court of Appeals
Appeal from St. Louis City Circuit . Court. — Eon. William T. Jones, Judge. (1) Defendant’s demurrer to the evidence should have been sustained. Before one is entitled to recover in an action of fraud, he must show that false representations were made by defendant; that he knew them to he false when made, or they were made as of his knowledge when he had no such knowledge, and plaintiffs must have relied on the representations as made, and be misled to their detriment.
Read the full summary
Appeal from St. Louis City Circuit . Court. — Eon. William T. Jones, Judge. (1) Defendant’s demurrer to the evidence should have been sustained. Before one is entitled to recover in an action of fraud, he must show that false representations were made by defendant; that he knew them to he false when made, or they were made as of his knowledge when he had no such knowledge, and plaintiffs must have relied on the representations as made, and be misled to their detriment. Where, as here, the parties investigate for themselves, with every opportunity to learn all the; facts, and even refuse to…
1Opinion of the CourtAllen, J.
This is an action at law for the recovery of damages for fraud alleged to have been perpetrated upon plaintiffs in a real estate transaction involving the exchange of properties. This action was originally instituted against defendant Wahl and one Duncan, the latter a real estate agent; but during the progress of the trial the case was dismissed as to Duncan. The .trial, before the court and a jury, resulted in *20a verdict and judgment for plaintiffs, and defendant Wahl appealed.
Prior to July 2, 1908, plaintiffs owned a farm, referred to as their homestead, near Godfrey, Madison County,…
Also in this document: Concurrence.
2Cases cited11 opinions
- Feeney v. HowardCalifornia Supreme Court · 1889
- Judd v. WalkerSupreme Court of Missouri · 1908
- Stonemets v. HeadSupreme Court of Missouri · 1913
- Golson v. DunlapCalifornia Supreme Court · 1887
- State ex rel. Dutcher v. SheltonSupreme Court of Missouri · 1913
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Orlann v. LaederichSupreme Court of Missouri · 1936
- State ex rel. Wahl v. ReynoldsSupreme Court of Missouri · 1917
- Goar v. BelinderMissouri Court of Appeals · 1923