Mueller v. Burchfield

Plaintiffs obtained a verdict and judgment against the defendants in the sum of $2600.00. On appeal to the Springfield Court of Appeals the judgment was reversed (218 S.W.2d 180). The cause was transferred to this court by the Court of Appeals because of the importance of the question involved.

Plaintiffs' cause of action was based on fraud. The evidence was that the plaintiffs purchased from the defendants 375 cases of eggs, paying therefor the sum of $4,612.50. Plaintiffs' evidence was that the defendants represented the eggs to be fresh and marketable. It was further shown that the eggs…