Scott & Bowker v. Boswell
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Eon. A. E. Spencer, Special Judge. Instruction numbered 1 in tbe nature of a demurrer at tbe close of tbe entire case, should have been given because: (1) Tbe petition does not allege that after tbe perpetration of tbe alleged fraud in 1899, and up to tbe date of tbe discovery of sucb fraud, tbe defendant bas committed any act or done anything which was intended or calculated to exclude suspicion and prevent inquiry by plaintiffs as to the…
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Appeal from Jasper Circuit Court. — Eon. A. E. Spencer, Special Judge. Instruction numbered 1 in tbe nature of a demurrer at tbe close of tbe entire case, should have been given because: (1) Tbe petition does not allege that after tbe perpetration of tbe alleged fraud in 1899, and up to tbe date of tbe discovery of sucb fraud, tbe defendant bas committed any act or done anything which was intended or calculated to exclude suspicion and prevent inquiry by plaintiffs as to the alleged fraud. There is no allegation in the petition nor evidence at the trial that plaintiffs used any diligence…
1Opinion of the CourtBroaddus, P. J.
This is an action for fraud and deceit. The controversy grew out of a transaction in which plaintiffs and defendants became the purchasers of eighty-three acres of land situate in Jasper county, Missouri.
The land belonged to Mrs. Theresa Wink, who resided in Oklahoma. On the 12th day of October, 1899, she executed and delivered to the defendant Boswell what is known as an option contract, giving him the exclusive right to .purchase said land at the price of $50 an acre, which option was to expire on the 6th day of January, 1900. This writing was filed for record in the recorder of deeds’…
2Cases cited3 opinions
- Bent v. PriestSupreme Court of Missouri · 1885
- Shelby County v. BraggSupreme Court of Missouri · 1896
- Callan v. CallanSupreme Court of Missouri · 1903
3Cited by3 opinions
- Brown v. Irving-Pitt Manufacturing Co.Supreme Court of Missouri · 1927
- Beaty v. CruceMissouri Court of Appeals · 1918
- Powell v. WhiteMissouri Court of Appeals · 1913