Legal Opinion

Reisel v. Winsor

Missouri Court of Appeals

Decided June 22, 1909PublishedCited by 2 opinions

Appeal from St. Louis City Circuit Court. — Eon. Matt. G. Reynolds, Judge. (1) Representations as to value will not be considered fraudulent though untrue and known to be .so by the party making them. It is considered merely an expression of opinion. Cahn v. Reid, 18 Mo. App. 128; Bullock v. Wooldridge, 42 Mo.

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Appeal from St. Louis City Circuit Court. — Eon. Matt. G. Reynolds, Judge. (1) Representations as to value will not be considered fraudulent though untrue and known to be .so by the party making them. It is considered merely an expression of opinion. Cahn v. Reid, 18 Mo. App. 128; Bullock v. Wooldridge, 42 Mo. App. 862; Gordon v. Butler, 105 U. S. 553; 1 Bigelow on Fraud, 473; Tuck v. Downing, 76 Ill. 81; Endsly v. Johns, 120 Ill. 469; Cornwall v. McFarland, 150 Mo. 377; Anderson v. Mc-Pike, 86 Mo. 292; Sieveking v. Litzler, 31 Ind. 13; Ellis v. Andrews, 56 N. Y. 83. A market value is a price…

1Opinion of the CourtReynolds, P. J.

The sole question involved in this case is whether the petition supports the judgment. The case is here on the record proper, no bill of exceptions having been filed, consequently neither the proceedings at the trial nor any exceptions to the action of the court are before us. Various objections are made by respondent to the form of the abstract and as to alleged omissions in it, but they are not tenable. The petition and verdict and judgment are all that are essential to the consideration of the case as presented by counsel. We set out the petition in full as follows:

“Plaintiff states that…

2Cited by2 opinions

  1. Pine Lawn Bank & Trust Co. v. SchnebelenMissouri Court of Appeals · 1979
  2. Muck v. HaydenMissouri Court of Appeals · 1913

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