Renkert v. Title Guaranty Trust Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Frcmklm Ferriss, Judge. (1) When defendant accepted plaintiff’s employment, it contracted that it would use due and ordinary care in the performance of its duties. Chase v. Heany, 70 111. 268; Taylor v. Williams, 2 Colo.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. Frcmklm Ferriss, Judge. (1) When defendant accepted plaintiff’s employment, it contracted that it would use due and ordinary care in the performance of its duties. Chase v. Heany, 70 111. 268; Taylor v. Williams, 2 Colo. App. 559; Heinsen v. Lamb, 117 111. 519. (2) It being the duty of the defendant to search for judgments, he is liable for damages incurred by a purchaser of land through a mistake or omission in a certificate or other instrument of title that he furnishes to said purchaser. Gilmore v. Hovey, 26 Mo. 280; Zeigler v. Commonwealth,…
1Opinion of the CourtGoode, J.
This case is for loss sustained on account of defendant’s negligent examination of the title to a lot in St. Louis, which plaintiff bought on the strength of the report made to him by defendant. A judgment lien was in force against the lot when the title *269was investigated, but plaintiff was not notified of the lien and bought in ignorance of it. In consequence he had to pay- the amount of the lien.
Plaintiff was forced to a nonsuit on the trial in the circuit court and that ruling is defended on but one ground; that there was a total' failure of proof. This court is of the opinion that the…
2Cases cited2 opinions
- Schade v. GehnerSupreme Court of Missouri · 1896
- Gilman v. HoveySupreme Court of Missouri · 1858
3Cited by5 opinions
- Hillock v. Idaho Title & Trust Co.Idaho Supreme Court · 1912
- Keister v. TalbottWest Virginia Supreme Court · 1990
- Bridgeport Airport, Inc. v. Title Guaranty & Trust Co.Supreme Court of Connecticut · 1930
- Lee Lumber Co. v. Hetherwick Title Co.Supreme Court of Louisiana · 1926
- Bank of Commerce & Trust Co. v. DyeCourt of Appeals of Tennessee · 1926