Kaufman v. Davis
Missouri Court of Appeals
Appeal from Jasper County Circuit Court, Division Number Two. — Hon. D. E. Blair, Judge. (1) In an action for deceit or breach, of warranty, tbe measure of damages is the difference between the actual value of tbe property at tbe time of tbe purchase, and its value if tbe property bad been what it was represented to be.
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Appeal from Jasper County Circuit Court, Division Number Two. — Hon. D. E. Blair, Judge. (1) In an action for deceit or breach, of warranty, tbe measure of damages is the difference between the actual value of tbe property at tbe time of tbe purchase, and its value if tbe property bad been what it was represented to be. Kendrick v. Ryus, 225 Mo. 150; Morse v. Huchins, 102 Mass. 440; Herford v. Cramer, 7. Colo. 490. (2) Where a person makes a contract for tbe sale of real estate, and there is a breach of tbe contract, because of tbe failure of title, tbe purchaser under tbe contract is…
1Opinion of the CourtRobertson, P. J.
Plaintiff seeks to recover of the defendants the sum of twenty-five hundred dollars as damag'es on account of the alleged fraud perpetrated upon him by defendants in that, as he alleges, for a commission agreed by him to be paid to them, they undertook to trade certain property owned by plaintiff for a tract of real estate in Arkansas, and that, in pretending to consummate the deal, the defendants falsely and fraudulently represented to the plaintiff that one Henson was the owner of the land; that the defendants furnished the plaintiff with a pretended abstract of title to the land, showing…
2Cases cited13 opinions
- Kendrick v. RyusSupreme Court of Missouri · 1910
- Clark v. Union Iron & Foundry Co.Supreme Court of Missouri · 1911
- Brown v. South Joplin Lead & Zinc Mining Co.Supreme Court of Missouri · 1910
- Peters v. LohmanMissouri Court of Appeals · 1913
- Ryan v. MillerSupreme Court of Missouri · 1911
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