Hastings v. Swindle
Missouri Court of Appeals
Appeal from Stoddard Circuit Court. — Hon. W. 8. G. Walker, Judge. (1.) This suit is in equity and the court erred in submitting the same to the jury. Bouton v. Pippin, 192 Mo. 469; Pitts v. Pitts, 201 Mo. 356, 1. c.,359. (2) The court erred in overruling plaintiff’s plea of res adju-i dicata.
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Appeal from Stoddard Circuit Court. — Hon. W. 8. G. Walker, Judge. (1.) This suit is in equity and the court erred in submitting the same to the jury. Bouton v. Pippin, 192 Mo. 469; Pitts v. Pitts, 201 Mo. 356, 1. c.,359. (2) The court erred in overruling plaintiff’s plea of res adju-i dicata. St. Louis v. United Ry., 263 Mo. 423; Stone v. Railroad, 261 Mo.-78; State ex rel. v. Patton, 271 Mo. 559; Boas v. Branch, 208 S. W. 86. (3) The evidence in the case does not establish fraud. Anderson v. Me-Pike, 86 Mo. 300; Chas. v. Rush, 90 Mo. App. 29; Brown v. Lead and Zinc Mining Co., 194 Mo. 704;…
1Opinion of the CourtFarrington, J.
This is an appeal brought here by the plaintiff to reverse a judgment entered in the trial court wherein the defendant recovered on a counterclaim based upon fraud and deceit. The plaintiff sold a farm to the defendant taking a note for a part of the unpaid purchase price, and it is for the unpaid balance on the note for which the suit is brought.
The defendant’s answer alleges that certain representations were made concerning the farm, which representations induced him to purchase the land, and that said representations were untrue and known to the plaintiff to be untrue when made. He asked a…
2Cases cited5 opinions
- Pitts v. PittsSupreme Court of Missouri · 1907
- Bouton v. PippinSupreme Court of Missouri · 1905
- Mason v. SummersMissouri Court of Appeals · 1887
- Brown v. ChadwickMissouri Court of Appeals · 1888
- Adams & Garrett v. RandleCourt of Appeals of Texas · 1914