Stout v. Caruthersville Hardware Co.
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — No». Henry G. Riley, Judge. (1) Giving to plaintiff the benefit of his pleading that the goods were by him bought, the goods delivered, and by plaintiff paid for, he yet fails to show any legal reason entitling him to recover a part of the payment made to defendant. His sole allegation for recovery is that defendant made certain false representations as to the cost and price of the goods sold plaintiff. This is not sufficient.
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Appeal from Pemiscot Circuit Court. — No». Henry G. Riley, Judge. (1) Giving to plaintiff the benefit of his pleading that the goods were by him bought, the goods delivered, and by plaintiff paid for, he yet fails to show any legal reason entitling him to recover a part of the payment made to defendant. His sole allegation for recovery is that defendant made certain false representations as to the cost and price of the goods sold plaintiff. This is not sufficient. For statements made as to prices paid for an article, or offers made for it, do not amount to fraud and deceit, and will not…
1Opinion of the CourtGoode, J.
In the year 1904 this plaintiff was engaged at Pascóla in Pemiscot county, in loading logs for a sawmill known as the Lewis mill. He needed in the work, which was done in the main by derricks, a good deal of wire rope, steel blocks and wire rope clamps. Having occasion to purchase such articles he arranged with John Powell to go to Memphis and buy *523them, preferably, unless better prices could be obtained from some other dealer, from a firm there of hardware dealers styled F. C. Atkins & Co. Powell lived in Oaruthersville, about twelve miles from Pascóla, and was in the employ of John Spangler,…
2Cases cited18 opinions
- Gaines v. MillerSupreme Court of the United States · 1884
- Cottrill v. KrumSupreme Court of Missouri · 1890
- Gelston v. SigmundCourt of Appeals of Maryland · 1867
- Leonard v. SpringerIllinois Supreme Court · 1902
- Norden v. JonesWisconsin Supreme Court · 1873
13 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Jones v. West Side Buick Co.Missouri Court of Appeals · 1936
- Burger v. City of SpringfieldSupreme Court of Missouri · 1959
- Allied Disposal, Inc. v. Bob's Home Service, Inc.Missouri Court of Appeals · 1980
- Osborn v. Chandeysson Electric Co.Supreme Court of Missouri · 1952
- Moser v. Pugh-Jenkins Furniture Co.Idaho Supreme Court · 1918
8 more not listed; retrieve them via the Exa API.