Brauckmann v. Leighton
Missouri Court of Appeals
Appeal from, the St. Louis City Circuit Court. — Hon. P. R. Flitoraet, Judge. (1) The original petition stated the facts that the defendant made the representations that induced the purchase, that they were untrue and false, that the plaintiff tendered the property back and met with a refusal to receive it and return the money, and that he was damaged thereby.
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Appeal from, the St. Louis City Circuit Court. — Hon. P. R. Flitoraet, Judge. (1) The original petition stated the facts that the defendant made the representations that induced the purchase, that they were untrue and false, that the plaintiff tendered the property back and met with a refusal to receive it and return the money, and that he was damaged thereby. This stated a cause of action for damages under a contract, or perhaps, more accurately speaking, for money had and received, notwithstanding it might have been a fraud also. Carter v. Black, 46 Mo. 384; Smithers v. Bircher, 2 Mo. App.…
1Opinion of the CourtBiggs, J.
On the thirty-first day of May, 1892, the plaintiff contracted with the defendant for the purchase of certain real estate in the city of St. Louis. The purchase was fully consummated by deed dated June 4, 1892. These facts appear from the petition. Eor a cause of action the petition further alleges “that in the negotiations between plaintiff and defendant as to said land, and in effecting said sale, defendant represented to plaintiff that all improvements on and for said property, and all sewerage connected therewith, or constructed in order to be used in connection with said land, were fully…
2Cases cited11 opinions
- Tracy v. Union Iron Works Co.Supreme Court of Missouri · 1891
- Kirkpatrick v. DowningSupreme Court of Missouri · 1874
- State ex rel. Yeoman v. HoshawSupreme Court of Missouri · 1889
- Carter v. BlackSupreme Court of Missouri · 1870
- Hartzell v. CrumbSupreme Court of Missouri · 1886
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3Cited by1 opinion
- Smyth v. BoroffMissouri Court of Appeals · 1911