Clarke v. Cooper
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Eugene MeQuillm, Judge. (1) The doctrine of cav'eat emptor does not apply to the case at bar. McLean y. Martin, 45 Mo. 393; Wilchinsky v. Cavender, 72 Mo. 192; 25 Am. and Eng. Ency. Law (2 Ed.), p. 844, note d. (2) If a careful purchaser has been led into mistake by the conduct of the seller, the court should not hold the sale void. Owsley v. Smith’s Heirs, 14 Mo. 153; Swartz y.
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Appeal from St. Louis City Circuit Court. — Hon. Eugene MeQuillm, Judge. (1) The doctrine of cav'eat emptor does not apply to the case at bar. McLean y. Martin, 45 Mo. 393; Wilchinsky v. Cavender, 72 Mo. 192; 25 Am. and Eng. Ency. Law (2 Ed.), p. 844, note d. (2) If a careful purchaser has been led into mistake by the conduct of the seller, the court should not hold the sale void. Owsley v. Smith’s Heirs, 14 Mo. 153; Swartz y. Dryden, 25 Mo. 572; 24 Cyc. 41. (3) The court refused to relieve appellant from his bid even if the court found from the evidence that appellant was misled by the…
1Opinion of the CourtReynolds, P. J.
The respondent in this case, at the' time sheriff of the city of St. Louis, having in hand a pluries writ of execution, issued out of the circuit court of the city of St. Louis, levied upon the right, title, claim, interest, estate and property of one Green, defendant in the execution, describing the property as follows : “A lot of land situated in the city of St. Louis, in the State of Missouri, and in block 2924 of said city, having a front of sixty (60') feet and six (6") inches on the west line of Minnesota avenue by a depth westwardly between parallel lines of 147 feet and 11 inches;…
2Cases cited6 opinions
- Owsley v. Heirs of SmithSupreme Court of Missouri · 1851
- McLean v. MartinSupreme Court of Missouri · 1870
- Mechanics' Savings & Building Loan Ass'n v. O'ConnerOhio Supreme Court · 1876
- Schwartz v. DrydenSupreme Court of Missouri · 1857
- McNamee v. ColeMissouri Court of Appeals · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Froehlich v. WaldenNew Jersey Superior Court Appellate Division · 1961
- Chilton v. HarrisMissouri Court of Appeals · 1914
- In re PettyjohnOrphan's Court of Delaware · 1948