Huppert v. Weisgerber
Missouri Court of Appeals
Appeal from the Laclede County Circuit Court, W. J. Wallace, Judge. It is error to give instructions which are ambiguous, equivocal, or misleading. TalboV s Ex'r v. Mearns, 21 Mo. 427; Belt «. Goode, 31 Mo. 128; Oróle v. Thomas, 17 Mo. 329; Anderson v. McPiTce, 86 Mo. 293. The verdict and judgment are not sustained by the law and the evidence, and the court erred in refusing to sustain the motions for new trial and in arrest.
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Appeal from the Laclede County Circuit Court, W. J. Wallace, Judge. It is error to give instructions which are ambiguous, equivocal, or misleading. TalboV s Ex'r v. Mearns, 21 Mo. 427; Belt «. Goode, 31 Mo. 128; Oróle v. Thomas, 17 Mo. 329; Anderson v. McPiTce, 86 Mo. 293. The verdict and judgment are not sustained by the law and the evidence, and the court erred in refusing to sustain the motions for new trial and in arrest. Gordon v. Parmelee, 2 Allen (Mass.) 212 ; Sanford®. Handy, 23 Wend. 260 ; Van Epps v. ■ Harrison, 5 Hill (N. Y.) 63; Crank v. Cole, 10 Ind. 485; Kerr on Fraud and…
1Opinion of the CourtThompson, J.
This is an action for damages for fraudulent representations-of the quality of a tract of land containing one hundred and sixty acres, sold by the defendant to 'the plaintiff for the sum of six hundred and fifty dollars. The petition, as originally drawn, contained three counts; but before the trial the plaintiff, by leave of court, dismissed as to the second count, and the cause was tried upon the first and third counts, and the answer, which was a general denial. The first and third counts of the petition were different statements of the same cause of action, and the defendant might have…
2Cases cited1 opinion
- Cahn v. ReidMissouri Court of Appeals · 1885
3Cited by2 opinions
- Polski v. City of St. LouisSupreme Court of Missouri · 1915
- State v. ScottSupreme Court of Missouri · 1908