Felix v. J. W. Shirey & Co.
Missouri Court of Appeals
Appeal from the Saline Circuit Court. — Hon. Richard Field, Judge. (1) The letter containing the representations declared on, written by defendant firm, goes far beyond the expression of an opinion; it asserts as a positive fact that plaintiffs would be perfectly safe in opening an account with Bean. It is a statement that he is to be safely trusted for the amount of the bill which he will order.
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Appeal from the Saline Circuit Court. — Hon. Richard Field, Judge. (1) The letter containing the representations declared on, written by defendant firm, goes far beyond the expression of an opinion; it asserts as a positive fact that plaintiffs would be perfectly safe in opening an account with Bean. It is a statement that he is to be safely trusted for the amount of the bill which he will order. The expression, “perfectly safe,” is the same in effect (and is a stronger term of the same import) as “good,” which has been defined by this court to mean that the party inquired about was at the…
1Opinion of the CourtEllison, J.
Defendants were engaged in merchandising and sold out their business to one J. A. Bean. They afterward, on May 24, 1892, wrote to plaintiffs, who were wholesale merchants, ¿t Chicago, the following letter: “On November 13, 1891, we sold to James A. Bean our Fayette, Missouri, business and as Mr. Bean will need some goods in your line, we take pleasure.in recommending him to you as an honest, reliable business man and worthy of any confidence you may place in him. Should he favor you with an order you would be perfectly safe in opening an account with him.” Plaintiff on the faith of this…
2Cases cited2 opinions
- Dulaney v. RogersSupreme Court of Missouri · 1876
- Weil v. SchwartzMissouri Court of Appeals · 1886
3Cited by2 opinions
- Liggett v. LevySupreme Court of Missouri · 1911
- Mizell v. UpchurchSupreme Court of Florida · 1903