Cornwall v. McFarland Real Estate Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. L. B. Valliant, Judge. (1) Tbe falsity of these specific statements of fact being conceded, it is impossible to avoid stigmatizing them as fraudulent.
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Appeal from St. Louis City Circuit Court. — Hon. L. B. Valliant, Judge. (1) Tbe falsity of these specific statements of fact being conceded, it is impossible to avoid stigmatizing them as fraudulent. Herman v. Hall, 140 Mo. 270; Eothschild v. Mack, 115 N. Y. 1; Marsh v. Falker, 40 N. Y. 562; Knap-pen v. Freeman, 47 Minn. 491; Borders v. Kattlemann, 31 N. E. 19; Caldwell v. Henry, 76 Mo. 254; Dunn v. Oldham, 63 Mo. 181; Hamlin v. Abell, 120 Mo. 188; Holland v. Anderson, 38 Mo. 55; Bailey v. Smock, 61 Mo. 213. That false statements as to tbe cost of property are sufficient to justify a judgment…
1Opinion of the CourtBueg-Ess, J.
This is a proceeding in equity for the rescission of a contract entered into by plaintiff and defendant by which plaintiff sold to defendant a certain “tonic beer” business belonging to him, and conducted in the city of St. Louis, in consideration of the amount of $14,000, secured by a deed of trust on property in that city. As part of the consideration plaintiff obligated himself to lease the business from defendant during part of the year 1896, and to pay therefor the sum of $3,500. In addition to what has been stated the petition alleges as part of the transaction, that defendant agreed to…
2Cases cited2 opinions
- Anderson v. McPikeSupreme Court of Missouri · 1885
- Nauman v. OberleSupreme Court of Missouri · 1886
3Cited by9 opinions
- Orlann v. LaederichSupreme Court of Missouri · 1936
- McCaw v. O'MalleySupreme Court of Missouri · 1923
- Champion Funding & Foundry Co. v. HeskettMissouri Court of Appeals · 1907
- Brown v. South Joplin Lead & Zinc Mining Co.Supreme Court of Missouri · 1906
- Wilson v. JacksonSupreme Court of Missouri · 1902
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