Western Cattle Brokerage Co. v. Gates
Supreme Court of Missouri
Appeal from Jackson Circuit Court.— Hon. W. B. Teasdale, Judge. (1) Tke court erred in giving.defendant’s instructions 2 and 3. If a false representation is made and is relied upon and is a material inducement, it makes no difference that other motives or causes contributed.
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Appeal from Jackson Circuit Court.— Hon. W. B. Teasdale, Judge. (1) Tke court erred in giving.defendant’s instructions 2 and 3. If a false representation is made and is relied upon and is a material inducement, it makes no difference that other motives or causes contributed. It is equally well-settled law that if several representations are made to induce a party to enter into a contract and any one of them is false and operates as an inducement, an action of deceit may be maintained, though the representations that are true have operated as an inducement. On the same principle, if a party to…
1Opinion of the CourtMarshall, J.
This is an action of fraud and deceit. The plaintiff claims $50,000 damages on account of alleged false and fraudulent representations of the defendant, whereby the plaintiff was induced to purchase from the defendant five promissory notes, executed by C. J. Buckingham and Samuel Gatch, to the order of E. J. Buckingham, and endorsed by him, aggregating $47,976, the plaintiff paying the defendant therefor the sum of $45,794.55. There was a verdict and judgment for the defendant, and the plaintiff appealed.
The abstract of the record sets out in full the petition, and then alleges that the…
2Cases cited4 opinions
- Dulaney v. RogersSupreme Court of Missouri · 1876
- Nauman v. OberleSupreme Court of Missouri · 1886
- Walsh v. MorseSupreme Court of Missouri · 1883
- Jones v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1883
3Cited by10 opinions
- Darks v. Scudder-Gale Grocer Co.Missouri Court of Appeals · 1910
- City of St. Louis v. SilkMissouri Court of Appeals · 1947
- Peters v. LohmanMissouri Court of Appeals · 1913
- Maryland Casualty Co. v. DobbinMissouri Court of Appeals · 1937
- Taylor v. BlackDistrict Court, E.D. Missouri · 1966
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