Brown v. Mays
Missouri Court of Appeals
Appeal from the Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) Statements made by a vendor or bis agent as to cost price of tbe subject-matter of tbe trade, however false they may be, are no grounds for avoiding tbe sale or an action of damages for deceit. Garrett v. Wannfried, 67 Mo. App. 437, 441; Cabn v. Reid, 18 Mo. App. 127. (2) Instructions must be consistent and not misleading, and based on tbe pleáding and the evidence. Authorities unnecessary.
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Appeal from the Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) Statements made by a vendor or bis agent as to cost price of tbe subject-matter of tbe trade, however false they may be, are no grounds for avoiding tbe sale or an action of damages for deceit. Garrett v. Wannfried, 67 Mo. App. 437, 441; Cabn v. Reid, 18 Mo. App. 127. (2) Instructions must be consistent and not misleading, and based on tbe pleáding and the evidence. Authorities unnecessary. (3) The appellate court will reverse where the verdict of the jury is the result of passion or prejudice. Authorities unnecessary.…
1Opinion of the CourtSmith, P. J.
This is an action which was brought on a promissory note. The answer admitted the execution of the note and pleaded a counterclaim based on certain fraudulent representations made by plaintiff to defendant in relation to the subject-matter of the transaction, of which the note sued on was a part. There was a trial resulting in judgment for the defendant, and plaintiff appealed.
Appellate practice: exceptions to instructions: motion for new The plaintiff objects that the instructions given by the court both at the request of the defendant and on its own motion .are erroneous in expression. It…
2Cases cited2 opinions
- State v. NelsonSupreme Court of Missouri · 1890
- Roberts v. BoultonMissouri Court of Appeals · 1894
3Cited by1 opinion
- Syme-Eagle & Co. v. Joplin Grocer Co.Missouri Court of Appeals · 1921