Judd v. Walker
Missouri Court of Appeals
Appeal from Louisiana Court of Common Pleas. — Hon. David H. IHty, Judge. (1) Defendant Walker having falsely represented the number of acres of land, with intent to defraud, plaintiff, believing and relying upon the representations so made, is entitled to recover in this case against both defendants. Brooking v. Shinn, 25 Mo. App. 277; Arthur v. Mfg. Co., 12 Mo. App. 335; McBeth v. Craddock, 28 Mo. App. 380; Shinnabarger v. Shelton & Sons, 41 Mo.
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Appeal from Louisiana Court of Common Pleas. — Hon. David H. IHty, Judge. (1) Defendant Walker having falsely represented the number of acres of land, with intent to defraud, plaintiff, believing and relying upon the representations so made, is entitled to recover in this case against both defendants. Brooking v. Shinn, 25 Mo. App. 277; Arthur v. Mfg. Co., 12 Mo. App. 335; McBeth v. Craddock, 28 Mo. App. 380; Shinnabarger v. Shelton & Sons, 41 Mo. App. 147. (2) Defendant Naxera having ratified the acts and representations of his agent Walker, is bound thereby, eyen though he might never have…
1Opinion of the CourtNortoni, J.
(after stating the facts). — 1. There are cases which hold that where the parties go upon the land during negotiations and the seller points out the true boundaries thereof to the purchaser with the statement of the number of acres contained therein and upon this statement of the acreage the purchaser relies and purchases the land, no action of deceit can be maintained by the injured party on account thereof. The reason assigned in these cases seems to be two-fold; first, that parties ought not to rely on such statements, and second, that the parties were upon the land and the means of…
2Cases cited35 opinions
- Labbe v. CorbettTexas Supreme Court · 1888
- Clark's v. HannibalSupreme Court of Missouri · 1865
- Mead v. . BunnNew York Court of Appeals · 1865
- Clark v. . BairdNew York Court of Appeals · 1853
- Cottrill v. KrumSupreme Court of Missouri · 1890
30 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Judd v. WalkerSupreme Court of Missouri · 1908
- Mabardy v. McHughMassachusetts Supreme Judicial Court · 1909
- Light v. Chandler Improvement Co.Arizona Supreme Court · 1928
- Gridley v. RossIdaho Supreme Court · 1923
- Kearns v. SparksMissouri Court of Appeals · 1953
18 more not listed; retrieve them via the Exa API.