Paretti v. Rebenack
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge.' (1) Plaintiff’s amended petition fails to state a cause of action, (a) Because it states that after the sale “the defendant falsely and fraudulently,” etc. Harrison v. McGuire, 18 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge.' (1) Plaintiff’s amended petition fails to state a cause of action, (a) Because it states that after the sale “the defendant falsely and fraudulently,” etc. Harrison v. McGuire, 18 Mo. App. 517;; Sherwood v. Rax-ton, 63 Mo. 78; Dover v. Kennerly, 38 Mo. 469; Gardner v. Armstrong, 31 Mo. 535. (b) Because the amended petition fails to state that defendant made false representations with intent to deceive. Redpath Bros. v. Lawrence, 42 Mo. App. 101. (2) The instruction in the nature of a demurrer to the evidence…
1Opinion of the CourtBond, J.
The petition alleges in substance, that plaintiff was the purchaser at an auction sale of a lot of ground which he was induced to pay for without first making an examination of the title, by the fraudulent misrepresentations of defendant, whereby plaintiff acquired a title subject to an incumbrance, which rendered it worthless. The answer was a general denial. Plaintiff had judgment, from which defendant appealed.
*497Appellant complains of the directions given to the jury by the court of its own motion in lieu of the instructions proffered by him. So much of the charge of the court as undertook…
2Cases cited4 opinions
- Hamlin v. AbellSupreme Court of Missouri · 1894
- Dulaney v. RogersSupreme Court of Missouri · 1876
- Shaw v. ShawSupreme Court of Missouri · 1885
- Tootle, Hosea & Co. v. John J. Lysaght & Co.Missouri Court of Appeals · 1896
3Cited by5 opinions
- Thompson v. NewellMissouri Court of Appeals · 1906
- Peters v. LohmanMissouri Court of Appeals · 1913
- Adams v. BarberMissouri Court of Appeals · 1911
- Serrano v. Miller & Teasdale Commission Co.Missouri Court of Appeals · 1906
- Herold v. Pioneer Trust Co.Missouri Court of Appeals · 1922