Cook v. Smith
Missouri Court of Appeals
Appeal from Greene County Circuit Court. — Hon. Quy D. Kirby, Judge. (1) Plaintiff did not rely on any statements of Smith, but on the papers. He knew from Smith that l"1 wns without knowledge other than the sources imparted. Smith imparted to Cook all the facts within his knowledge. There was no suppression of facts. Bradford v. Wright, 145 Mo.
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Appeal from Greene County Circuit Court. — Hon. Quy D. Kirby, Judge. (1) Plaintiff did not rely on any statements of Smith, but on the papers. He knew from Smith that l"1 wns without knowledge other than the sources imparted. Smith imparted to Cook all the facts within his knowledge. There was no suppression of facts. Bradford v. Wright, 145 Mo. App. 630. (2) Before plaintiff can recover for fraud, he must prove it; that defendant made the fraudulent representations; that plaintiff had the right to rely on the statements, and did rely on them and that that influenced his actions. Shearer &…
1Opinion of the CourtSturgis, J.
This is a suit to rescind a contract >of sale of some land described as being in El Paso county, Texas, and to have the court cancel and *564declare void the note and mortgage to secure same given by plaintiff to defendant in payment of the purchase price. The court granted the relief prayed.
The petition is in two counts. The first states as grounds for relief that plaintiff purchased the Texas land from defendant and gave him the note and mortgage in payment thereof, but that defendant, having recently purchased said land from one Martin and, holding a deed from him with the name of the grantee…
Also in this document: Concurrence.
2Cases cited11 opinions
- Norton v. BohartSupreme Court of Missouri · 1891
- Peters v. LohmanMissouri Court of Appeals · 1913
- Glasscock v. MinorSupreme Court of Missouri · 1848
- Green v. WormanMissouri Court of Appeals · 1900
- Jones v. Miners & Merchants BankMissouri Court of Appeals · 1910
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3Cited by1 opinion
- Ellenburg v. Edward K. Love Realty Co.Supreme Court of Missouri · 1933