Morgan County Coal Co. v. Halderman
Supreme Court of Missouri
Appeal from Howard Circuit Court. — Mon. E. W. Mmton, Special Judge. (1) The representations of defendant’s agents that shafts had been sunk and coal found at different places upon the tract of land in controversy, and the quality and quantity of coal actually discovered at each of these places, were statements of fact and not mere matters of opinion.
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Appeal from Howard Circuit Court. — Mon. E. W. Mmton, Special Judge. (1) The representations of defendant’s agents that shafts had been sunk and coal found at different places upon the tract of land in controversy, and the quality and quantity of coal actually discovered at each of these places, were statements of fact and not mere matters of opinion. False and fraudulent representations of previous explorations and the results thereof furnish ground for the rescission of a purchase of mining properties. Kendrick v. Ryus, 225 Mo. 166; Brown v. Lead Co., 194 Mo. 704; Turner v. Green, 80 Fed.…
1Opinion of the CourtParis, J.
This action was begun in the circuit court of Morgan county on September 18, 1905. It is a suit in equity to cancel and rescind for fraud a certain contract of sale and a deed executed by the defendant Mrs. Anna B. Halderman to the plaintiff Morgan County Coal Company, conveying to the latter certain lands, alleged to be coal-bearing, as also to cancel certain purchase price notes and the deed of trust securing the same, which deed was made by plaintiff company to defendants St. John and Ross, as trustees, for defendant Mrs. Halderman as beneficiary.
• On the application of defendants, a…
2Cases cited31 opinions
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