Palmer v. Huckstep
Missouri Court of Appeals
Appeal from Lincoln Circuit Court. — Hon. Edgar B. Woolfolh, Judge. (1) The court erred in overruling the demurrers to the plaintiff’s evidence and to all the evidence. There was no fraud and deceit shown. Edwards v. Noel, 88 Mo. App. 434; Dulaney v. Rogers, 64 Mo. 201; Rawlings v. Bean, 80 Mo. 614; Bank v. Hutton, 224 Mo. 42; Hines v. Boyce, 127 Mo.
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Appeal from Lincoln Circuit Court. — Hon. Edgar B. Woolfolh, Judge. (1) The court erred in overruling the demurrers to the plaintiff’s evidence and to all the evidence. There was no fraud and deceit shown. Edwards v. Noel, 88 Mo. App. 434; Dulaney v. Rogers, 64 Mo. 201; Rawlings v. Bean, 80 Mo. 614; Bank v. Hutton, 224 Mo. 42; Hines v. Boyce, 127 Mo. App. 718. (2) Plaintiff’s instruction No. one is erroneous and prejudicial in several respects, viz: (a) Tt holds defendants for fraud, because of the Berger sale, notwithstanding, on defendants’ theory it was made on behalf of Davis and Elsberry…
1Opinion of the CourtBecker, J.
This is an action for fraud and deceit alleged to have been committed by defendants, by .which plaintiff was induced to sell a farm for $3000 when he would have otherwise received $3500. From a judgment in the sum of $500, in favor of plaintiff and against both of the defendants, the defendants appeal.
On the trial of the cause the testimony tended to show that A. W. Palmer, plaintiff below, respondent *516here, owned a farm in Lincoln county, Missouri, which he listed for sale for a period of sixty days from March 30, 1914, with the defendant Charles S. Huckstep, a real estate agent, the farm to…
2Cases cited7 opinions
- People v. . McKaneNew York Court of Appeals · 1894
- State v. WalkerSupreme Court of Missouri · 1888
- State v. KennedySupreme Court of Missouri · 1903
- Stid v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1911
- State v. McGeeSupreme Court of Iowa · 1890
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3Cited by2 opinions
- McClure v. H. R. Ennis Real Estate & Investment Co.Missouri Court of Appeals · 1925
- Newmyer v. WilliamsMissouri Court of Appeals · 1920