Corder v. O'Neill
Supreme Court of Missouri
Appeal from Jasper Circuit Court.— Hon. Jos. D. Perkins, Judge. (1) The trial court erred in admitting evidence of the conversations, statements, interviews and alleged agreements between George H. Playter and George H. Bruen. Both were strangers to the suit, and to the contracts and transactions in controversy.
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Appeal from Jasper Circuit Court.— Hon. Jos. D. Perkins, Judge. (1) The trial court erred in admitting evidence of the conversations, statements, interviews and alleged agreements between George H. Playter and George H. Bruen. Both were strangers to the suit, and to the contracts and transactions in controversy. (2) The trial court erred in admitting in evidence alleged statements, promises and agreements of George H. Bruen, there being no evidence of any authority in Bruen to bind or to speak for defendant. R. S. 1899, sec. 3418. (3) The trial court erred in ruling and holding that there was…
1Opinion of the Court
OPINION.
FOX, J.
This is a sufficient recitation of the testimony to enable us to determine the controverted questions involved in this cause. We have carefully analyzed the petition in this case, and have reached the conclusion that it states a good cause of action. While the *436contract entered into by defendant with plaintiff is the origin of the cause of action, it is not in fact a suit upon the contract, but is simply a concise statement of a cause of action for fraud, alleging the damages sustained by reason of the fraudulent conduct of the defendant.
• The contract was an essential…
2Cited by11 opinions
- Mika v. Central Bank of Kansas CityMissouri Court of Appeals · 2003
- Hilderbrand v. AndersonMissouri Court of Appeals · 1954
- Burgdorfer v. ThielemannOregon Supreme Court · 1936
- Weaver v. RichardsMichigan Supreme Court · 1906
- Hoyt v. BuderSupreme Court of Missouri · 1928
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