Snyder v. Stemmons
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Wo». David E-. Blair, Judge. (1) An unintentional misrepresentation made by the vendor of a piece of real estate is ground for recision of a contract but will not sustain a suit at law for damages.' To justify such an action there must be fraud as distinguished from mistake.
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Appeal from Jasper Circuit Court. — Wo». David E-. Blair, Judge. (1) An unintentional misrepresentation made by the vendor of a piece of real estate is ground for recision of a contract but will not sustain a suit at law for damages.' To justify such an action there must be fraud as distinguished from mistake. Dunn v. White, 63 Mo. 181; Langdon v. Green, 49 Mo. 363; Clinkenbeard v. Weatherman, 157 Mo. 105; Owen v. Rector, 44 Mo. 389. (2) An innocent misrepresentation made through a mistake with no intention to deceive without knowledge of its falsity cannot justify a personal action for…
1Opinion of the CourtNison, P. J.
(after stating the facts.) — At the threshhold of the investigation of this case we are to recognize that the case, though an action at law for fraud and deceit, was by consent of parties tried by the court without a jury. In such case, it being an action at law, the findings of fact are as conclusive on appeal as would be the verdict of a jury. [Baumhoff v. St. Louis & K. R. Co., 171 Mo. 120, 71 S. W. 156.]
Appellant complains of the declaration of law given by the court for the reason “that it omitted the proposition that the representation-must be made in utter disregard of its truth or…
2Cases cited12 opinions
- Marsh v. FalkerNew York Court of Appeals · 1869
- Riley v. BellSupreme Court of Iowa · 1903
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