Legal Opinion

Bryan v. Hitchcock

Supreme Court of Missouri

Decided March 15, 1869PublishedCited by 14 opinions

Uppeal from 'St. Louis Circuit Court. I. A statement of a fact or facts made by a vendor to a vendee, calculated to have, or capable of exerting, an influence on his determination to buy or refuse, which fact or facts turn outu to be false, or not facts, constitutes a sufficient ground with a court of equity for setting aside the sale or contract, especially if the statement is knowingly false and intended to mislead.

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Uppeal from 'St. Louis Circuit Court. I. A statement of a fact or facts made by a vendor to a vendee, calculated to have, or capable of exerting, an influence on his determination to buy or refuse, which fact or facts turn outu to be false, or not facts, constitutes a sufficient ground with a court of equity for setting aside the sale or contract, especially if the statement is knowingly false and intended to mislead. (Daggett v. Emerson, 3 Sto. 733 ; N. B. & O. R.R. v. Mugger-edge, 1 Dru. & Sm. 365; Reynall v. Sprye, 1 De Grex. M. & Gr. 708 ; Rawlins v. Wickham, 28 Law Jour., N. S., p. 188 ;…

1Opinion of the CourtCurrier, Judge

Early in the year 1866 various citizens of St. Louis associated themselves together in corporate form, under the name of the “St. Louis Museum, Opera, and Fine-Art Gallery Company,” for the purpose of erecting and operating a Museum and Theater on the plan of similar institutions in Chicago, Boston, and New York. The company was organized and a board of directors and other officers appointed. Stock was subscribed to a considerable amount — one of the witnesses, Lamb, the president of the company, placing it as high as $105,000.

The Museum building was erected in the course of the season, and…

2Cases cited1 opinion

  1. Holland v. AndersonSupreme Court of Missouri · 1866

3Cited by14 opinions

  1. Wannell v. KemSupreme Court of Missouri · 1874
  2. Langdon v. GreenSupreme Court of Missouri · 1872
  3. Key v. JenningsSupreme Court of Missouri · 1877
  4. McCaw v. O'MalleySupreme Court of Missouri · 1923
  5. Cohron v. PolkSupreme Court of Missouri · 1913

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