Flack v. Wahl
Missouri Court of Appeals
Appeal from St. Louis City Circuit . Court. — Eon. William T. Jones, Judge. (1) Defendant’s demurrer to the evidence should have been sustained. Before one is entitled to recover in an action of fraud, he must show that false representations were made by defendant; that he knew them to he false when made, or they were made as of his knowledge when he had no such knowledge, and plaintiffs must have relied on the representations as made, and be misled to their detriment.
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Appeal from St. Louis City Circuit . Court. — Eon. William T. Jones, Judge. (1) Defendant’s demurrer to the evidence should have been sustained. Before one is entitled to recover in an action of fraud, he must show that false representations were made by defendant; that he knew them to he false when made, or they were made as of his knowledge when he had no such knowledge, and plaintiffs must have relied on the representations as made, and be misled to their detriment. Where, as here, the parties investigate for themselves, with every opportunity to learn all the; facts, and even refuse to…
1Dissent
DISSENTING! OPINION.
REYNOLDS, P. J.
I am unable to concur in the result arrived at by my learned associates in affirming the judgment of the circuit court, even after a remittitur is ordered by our court. I think the judgment should be reversed and the cause remanded.
The petition avers an agreement in writing to enter upon the exchange of the property of plaintiffs for that of defendant. It is averred that the representations made by defendant to secure the exchange were false, and what are claimed to have been the real facts being set up, it is averred that defendant knew at the time these…
2Cases cited12 opinions
- Feeney v. HowardCalifornia Supreme Court · 1889
- Parker v. MoultonMassachusetts Supreme Judicial Court · 1873
- Jacobsen v. WhitelyWisconsin Supreme Court · 1909
- Wells v. Covenant Mutual Benefit Ass'nSupreme Court of Missouri · 1895
- Ingalls v. MillerIndiana Supreme Court · 1889
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