Legal Opinion

Hayes v. Delzell

Missouri Court of Appeals

Decided April 20, 1886PublishedCited by 3 opinions

Appeal from, tlie Greene County Circuit Court, W. F. Geigek, Judge. Fraudulent representations of the vendor of lands as to quality, quantity, situation and title thereof will entitle the vendee to relief. Holland v. Anderson, 38 Mo. 55; Malone v. Harris, 6 Mo. 451; Hall v. Clark, 21 Mo. 415. Fraudulent representations of facts regarding lands, which induce a party to purchase, will be held fraudulent in equity, however innocently made.

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Appeal from, tlie Greene County Circuit Court, W. F. Geigek, Judge. Fraudulent representations of the vendor of lands as to quality, quantity, situation and title thereof will entitle the vendee to relief. Holland v. Anderson, 38 Mo. 55; Malone v. Harris, 6 Mo. 451; Hall v. Clark, 21 Mo. 415. Fraudulent representations of facts regarding lands, which induce a party to purchase, will be held fraudulent in equity, however innocently made. QlasseoeTc v. Minor, 11 Mo. 655; Pomeroy v. Benton, .57 Mo. 531; Smith v. Bircher, 2 Mo. App. 449; Brownlee v. Hewitt, 1 Mo. 360. And the fact that the vendee…

1Opinion of the CourtThompson, J.

This is an action by the purchaser at trustee’s sale, against the trustee making the sale and the beneficiary in the deed of trust, for damages for deceit, whereby the plaintiff was induced to become the purchaser. The question was submitted to the court, sitting as a jury, upon an agreed statement of facts, after hearing which the court gave an instruction to the effect that the plaintiff could not recover and rendered judgment for the defendants.

The facts agreed upon, stated in outline only, were as follows: On the twenty-eighth day of November, 1882, Malinda Buckner executed a deed of…

2Cases cited1 opinion

  1. Barnard v. DuncanSupreme Court of Missouri · 1866

3Cited by3 opinions

  1. Metropolitan Paving Co. v. Brown-Crummer Investment Co.Supreme Court of Missouri · 1925
  2. Michie v. National Bank of CaruthersvilleMissouri Court of Appeals · 1977
  3. Dirks Trust & Title Co. v. KochSouth Dakota Supreme Court · 1913

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