Legal Opinion

Brown v. South Joplin Lead & Zinc Mining Co.

Supreme Court of Missouri

Decided March 6, 1906PublishedCited by 11 opinions

Appeal from Jasper Circuit Court .- — Hon. Joseph D. Perkins, Judge. (1) The court did not err in the admission of evidence, because all decisions upon all questions were properly decided.

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Appeal from Jasper Circuit Court .- — Hon. Joseph D. Perkins, Judge. (1) The court did not err in the admission of evidence, because all decisions upon all questions were properly decided. The court did not err in giving instruction 1. The instruction required the jury to find from the evidence not only that defendant made the false representations as to the drill hole, and its showings, but by the conjunction “and” the jury were further required to find that defendant had made false representations in relation to ground being solid, and not mined at points specified in the petition. These…

1Opinion of the CourtFox, J.

This cause is here upon appeal by the plaintiff from an order of the Jasper Circuit Court sustaining, in behalf of respondent, a motion to set aside .the verdict of the jury and granting a new trial.

This was an action brought by the plaintiffs *686against the defendant for damages for fraud and deceit. The'suit was brought on January 2, 1902. The plaintiffs alleged in their petition that on or about the --— — day of February, 1900, Henry B. Pain, a director and agent of the defendant in charge of its land in Jasper county, Missouri, and the defendant by its agent, the said Henry B. Pain, for the…

2Cases cited4 opinions

  1. Gordon v. ButlerSupreme Court of the United States · 1882
  2. Holbrook v. ConnorSupreme Judicial Court of Maine · 1872
  3. Cornwall v. McFarland Real Estate Co.Supreme Court of Missouri · 1899
  4. Barnard v. CoffinMassachusetts Supreme Judicial Court · 1884

3Cited by11 opinions

  1. Stonemets v. HeadSupreme Court of Missouri · 1913
  2. Phillips Petroleum Co. v. Rau Const. Co.Court of Appeals for the Eighth Circuit · 1942
  3. Brown v. South Joplin Lead & Zinc Mining Co.Supreme Court of Missouri · 1910
  4. Bank of Polk v. WoodMissouri Court of Appeals · 1915
  5. McCaw v. O'MalleySupreme Court of Missouri · 1923

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