Gooch v. Conner
Supreme Court of Missouri
APPEAL from Cooper Circuit Court. 1. The clause in Conner’s deed to Gooch, saving the rights of Conner as to his mill and works, is not a covenant or agreement upon which suit will lie; or by which Gooch is estopped from alleging the fraud, misrepresentation, or mistake of the grantor, in procuring such reservation. — 4 Cruise’s Digest, p. 11,15, 213, sec. 56; 15 Mass.
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APPEAL from Cooper Circuit Court. 1. The clause in Conner’s deed to Gooch, saving the rights of Conner as to his mill and works, is not a covenant or agreement upon which suit will lie; or by which Gooch is estopped from alleging the fraud, misrepresentation, or mistake of the grantor, in procuring such reservation. — 4 Cruise’s Digest, p. 11,15, 213, sec. 56; 15 Mass. Rep., 183; 1 Starkie, 262; 2 Ibid., 557; Greenleaf’s Ev., 30. 2. If the clause in the deed operates for the grantor as an agreement, it is no more than the law imposed upon Gooch upon the erection of a dam and works upon the…
1Opinion of the CourtNapton, J.
This was an action of trespass on the case brought by Conner against Gooch, • to recover damages occasioned by the back-water from Gooch’s mill-dam flooding the machinery of the plaintiff’s mill. A verdict was found for the plaintiff for $970 89, upon which judgment was entered, and from this judgment defendant appealed.
*393Upon the trial it appeared that the plaintiff was the owner of a mill site, mills and machinery connected therewith for grinding, sawing, &e., situated on the same stream with defendant’s mill site, and about four or five miles above it; that plaintiff’s mills had been…
2Cited by10 opinions
- Judd v. WalkerSupreme Court of Missouri · 1908
- Leicher v. KeeneyMissouri Court of Appeals · 1903
- Baylies v. Vanden BoomWyoming Supreme Court · 1929
- Kincaid v. DormeySupreme Court of Missouri · 1871
- MacLeod v. SkilesSupreme Court of Missouri · 1884
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