Brown v. Kansas City Southern Railway Co.
Missouri Court of Appeals
Appeal from Bates Circuit Court. — Hon. G. A. Galvird, Judge. (1) Though, the representations are false and material and relied upon by the vendee, he is still not relieved of the duty to act prudently and investigate. Foundry Co. v. Heskett, 125 Mo. App. 532Bradford v. Wight, 145 Mo. App. 623; Lewis v. Land Co., 124 Mo. 687; Davis v. Insurance Co., 81 Mo.
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Appeal from Bates Circuit Court. — Hon. G. A. Galvird, Judge. (1) Though, the representations are false and material and relied upon by the vendee, he is still not relieved of the duty to act prudently and investigate. Foundry Co. v. Heskett, 125 Mo. App. 532Bradford v. Wight, 145 Mo. App. 623; Lewis v. Land Co., 124 Mo. 687; Davis v. Insurance Co., 81 Mo. App. 266. (2) Neither law nor' equity will afford relief on the ground of false representations to one with equal means of information, who is négligent in the use thereof. Hines v. Royce, 127 Mo. App. 722; Davis v. Insurance Co., 81 Mo.…
1Opinion of the Court
JOHNSON, J.-
This action grew out of the revocation and reconstruction of defendant’s railroad over a farm in Bates county owned by plaintiff and the appeal is prosecuted by defendant from a judgment recovered by plaintiff on the third count of her petition.
Preparatory to building the new line, which was designed to. straighten the track and reduce the grade, defendant surveyed and staked the new road over plaintiff’s farm, and then sent its agent to plaintiff to purchase the necessary land for a new right of way. The area required for this purpose was 13.98 acres and the negotiations between…
2Cases cited12 opinions
- Wannell v. KemSupreme Court of Missouri · 1874
- Dunn v. WhiteSupreme Court of Missouri · 1876
- Langdon v. GreenSupreme Court of Missouri · 1872
- Darks v. Scudder-Gale Grocer Co.Missouri Court of Appeals · 1910
- Barree v. City of Cape GirardeauSupreme Court of Missouri · 1906
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State Ex Inf. Taylor v. American Ins. Co.Supreme Court of Missouri · 1946
- Prince v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1950
- McCaw v. O'MalleySupreme Court of Missouri · 1923
- Yeomans v. NachmanMissouri Court of Appeals · 1917
- Brookfield Trust Co. v. FosterMissouri Court of Appeals · 1922
1 more not listed; retrieve them via the Exa API.