Legal Opinion

American Hardwood Lumber Co. v. Dent

Missouri Court of Appeals

Decided October 30, 1906PublishedCited by 2 opinions

Appeal from St. .Louis City Circuit Court. — Hon. Matt. G. Reynolds, Judge. (1) Where parties are not dealing at arms-length or on an equal footing; or where one party to the contract being ignorant of the value of a commodity, relies upon the other to inform him, that other, if he speaks at all, must speak the truth; and if he speaks falsely the general rule regarding “dealers’ talk” does not apply. McBeth v. Craddock, 28 Mb. App. 896; Stones v. Richmond, 17 Mo.

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Appeal from St. .Louis City Circuit Court. — Hon. Matt. G. Reynolds, Judge. (1) Where parties are not dealing at arms-length or on an equal footing; or where one party to the contract being ignorant of the value of a commodity, relies upon the other to inform him, that other, if he speaks at all, must speak the truth; and if he speaks falsely the general rule regarding “dealers’ talk” does not apply. McBeth v. Craddock, 28 Mb. App. 896; Stones v. Richmond, 17 Mo. App. 17; Wannell v. Kem, 57 Ma 478; Cottrill v. Krum, 100 Mo. 397; Cahn v. Reid, 18 Mo-. App. 115; Pickard v. McCormick, 11 Mich.…

1Opinion of the CourtGoode, J.

Plaintiff sues for the breach of a contract in which defendant agreed to manufacture, sell and deliver to plaintiff, at Newton, Mississippi, prior to January 1, 1903, five hundred thousand feet of hardwood lumber of various kinds and grades. The contract was written and was dated August 21, 1902. Defendant admitted the execution of the contract and its nonperformance, alleging that it was voidable because- obtained from defendant by fraud. The allegations in *111support of this defense are that defendant had no knowledge of the value of the kinds of 'lumber set out in the contract and, during the…

2Cases cited5 opinions

  1. Cahn v. ReidMissouri Court of Appeals · 1885
  2. Stones v. RichmondMissouri Court of Appeals · 1886
  3. Anstee v. OberMissouri Court of Appeals · 1887
  4. Burnham, Hanna, Munger & Co. v. EllmoreMissouri Court of Appeals · 1896
  5. Becraft v. GristMissouri Court of Appeals · 1893

3Cited by2 opinions

  1. Montgomery v. ClemMissouri Court of Appeals · 1926
  2. Phelps v. JonesMissouri Court of Appeals · 1910

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