Horne v. John A. Hertel Co.
Missouri Court of Appeals
Appeal from Saline Circuit Court-. — Horn. Samuel Davis, Judge. (1) The plaintiff’s petition does not state facts sufficient to constitute a canse of action, (a) A promise to perform some act in the future, not being a representation of a present existing fact, is not such a representation as to support an action of deceit. Bullock v. Wooldridge, 42 Mo.
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Appeal from Saline Circuit Court-. — Horn. Samuel Davis, Judge. (1) The plaintiff’s petition does not state facts sufficient to constitute a canse of action, (a) A promise to perform some act in the future, not being a representation of a present existing fact, is not such a representation as to support an action of deceit. Bullock v. Wooldridge, 42 Mo. App. 356. (2) Matters alleged as a mere matter of opinion do not constitute a misrepresentation such as to support action for deceit. Younger y. ITogge, 211 Mo. 444. (3) The respondent either knew all the facts he alleges as misrepresented to…
1Opinion of the CourtJohnson, J.
The petition alleges a cause of action in tort resulting from false and fraudulent repre*728sentations which induced plaintiff to enter into a contract of employment with defendant and to' attempt the performance of the same to his damage in the sum of $250'. The sufficiency of the petition to state a cause of action was attacked by a demurrer which the court overruled, whereupon defendant answered interposing a general denial and the affirmative defense that “plaintiff has received from the defendant under and by the terms of said contract, the sum of twenty-four dollars and twenty cents, and…
2Cases cited5 opinions
- Judd v. WalkerSupreme Court of Missouri · 1908
- Leicher v. KeeneyMissouri Court of Appeals · 1903
- Gooch v. ConnerSupreme Court of Missouri · 1843
- Shultz v. ChristmanMissouri Court of Appeals · 1878
- Watson Fireproof Window Co. v. Henry Weiss Cornice Co.Missouri Court of Appeals · 1914
3Cited by4 opinions
- Metropolitan Paving Co. v. Brown-Crummer Investment Co.Supreme Court of Missouri · 1925
- Burch v. SchmeligMissouri Court of Appeals · 1957
- Richards v. Phoenix Mut. Life Ins. Co.Court of Appeals for the Eighth Circuit · 1954
- Continental Jewelry Co. v. WilliamsCourt of Appeals of Texas · 1930