McClure v. Campbell
Supreme Court of Missouri
Appeal from 81. Louis City Circuit Court. — Hon. ThoMas A. Bussell, Judge. (1) In an action for damages for deceit the plaintiff must allege and show: First. That the representation was untrue. Second. That it was known by the defendant to be untrue. Third. That it was calculated to induce the act of plaintiff. Fourth. That plaintiff, believing it, was induced to act to his detriment.
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Appeal from 81. Louis City Circuit Court. — Hon. ThoMas A. Bussell, Judge. (1) In an action for damages for deceit the plaintiff must allege and show: First. That the representation was untrue. Second. That it was known by the defendant to be untrue. Third. That it was calculated to induce the act of plaintiff. Fourth. That plaintiff, believing it, was induced to act to his detriment. Bullitt v. Farrar, 6 L. E. A. 149. (2) The representation that Whistler had deposited $25,000 as a security that there should be no claims against the building when completed, and that 'the same would be…
1Opinion of the CourtMarshall, J.
The material allegations of the petition are these: Plaintiff is a builder and contractor; defendant was during tbe year 1895 tbe-owner, of the following described real estate in tbe city of St. Louis: “in City block No. 520 of said city and State, and lying on tbe north line of *100Washington avenue, 146 8-12 feet west of Thirteenth street, thence west 146 feet and 11 1-8 inches, thence north parallel with the east line of the Einney tract 133 feet, to south line of Lucas avenue, thence east to a point on the south line of Lucas avenue 119 7-12 feet west of Thirteenth street, thence south and…
2Cases cited2 opinions
- Greene County Bank v. GraySupreme Court of Missouri · 1898
- Reynolds v. Citizens' Railway Co.Supreme Court of Missouri · 1898
3Cited by22 opinions
- Lewis v. Center Creek Mining Co.Supreme Court of Missouri · 1906
- Carter v. O'NeillMissouri Court of Appeals · 1903
- Diamond Rubber Co. v. WernickeMissouri Court of Appeals · 1912
- Gray v. WardSupreme Court of Missouri · 1911
- Segall v. GarlichsSupreme Court of Missouri · 1926
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