Tinker v. Kier
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. II. D. Wood, Judge. (1) In actions to set aside contracts or conveyances on the ground of fraudulent misrepresentations, it must affirmatively appear by the clearest evidence that the representations were false; that the misrepresentations were as to material facts; and that plaintiff was induced by such representations to enter into the contract, or make the conveyance, and was thereby injured.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. II. D. Wood, Judge. (1) In actions to set aside contracts or conveyances on the ground of fraudulent misrepresentations, it must affirmatively appear by the clearest evidence that the representations were false; that the misrepresentations were as to material facts; and that plaintiff was induced by such representations to enter into the contract, or make the conveyance, and was thereby injured. These facts were not established in this ease. Smith v. Dye, 15 Mo. App. 585, affirmed, 88 Ma. 581; Bryan v. Hitchcock, 43 Mo. 527; Wannell v. Kem, 57…
1Opinion of the CourtFox, J.
— This cause is here upon appeal from a judgment and decree rendered in the circuit court of the city of St. Louis. The cause of action upon which this decree and judgment rests is thus stated in the petition:
“Plaintiff, for cause of action, by attorney states that heretofore, to-wit, on or about the 5th day of June, 1901, the defendants, being the owners of twenty-five hundred shares of the capital stock of the Kier Lead Company, a corporation organized under the laws of the State of Missouri, desired to sell the same to plaintiff for the sum of eight thousand dollars. That in order to…
2Cases cited1 opinion
- Hess v. D. T. Draffen & Co.Missouri Court of Appeals · 1903
3Cited by13 opinions
- Jones v. ThomasSupreme Court of Missouri · 1909
- Ash Grove Lime & Portland Cement Co. v. WhiteSupreme Court of Missouri · 1951
- Wann v. ScullinSupreme Court of Missouri · 1908
- Kidd v. BrewerSupreme Court of Missouri · 1927
- Budd v. BuddMissouri Court of Appeals · 1938
8 more not listed; retrieve them via the Exa API.