King v. Morris

McDOWELL, Judge.

This appeal is from a judgment rendered in the Circuit Court of Greene County, Missouri, in favor of plaintiff for $250 in an action for fraud in the sale of a dairy cow.

Error is assigned that the petition fails to state a cause of action.

The essential elements necessary to be pleaded to constitute fraud are, “That a representation was made as a statement of fact, which was untrue and known to be untrue by the party making it, or else recklessly made; that it was made with the intent to deceive and for the purpose of inducing the other party to act upon it; and that he did in…