Brown v. South Joplin Lead & Zinc Mining Co.
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. Howard Gray, Judge. (1) The points surrounding this case hinge upon the declaration of law as given by the court, which is as follows: ‘ ‘ The court declares the law to be that if prior to entering into the new contract dated February 18,1901, changing the terms of said lease and reducing the royalty, the plaintiffs, or their superintendent, Strickler, had knowledge of the falsity of the alleged misrepresentations made by Pain, then…
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Appeal from Jasper Circuit Court. — Hon. Howard Gray, Judge. (1) The points surrounding this case hinge upon the declaration of law as given by the court, which is as follows: ‘ ‘ The court declares the law to be that if prior to entering into the new contract dated February 18,1901, changing the terms of said lease and reducing the royalty, the plaintiffs, or their superintendent, Strickler, had knowledge of the falsity of the alleged misrepresentations made by Pain, then plaintiffs waived the fraud and cannot recover.” The contract of February 18, 1901, was a proposition made b'y the…
1Opinion of the CourtGraves, J.
This is the second appearance of this cause in this court. "When first here it appears that the plaintiffs had obtained a verdict for something over fourteen thousand dollars, which verdict the trial court set aside for reasons assigned, and the plaintiffs appealed. [Brown v. Lead & Zinc Mining Co., 194 Mo. 681.] Upon that appeal, Fox, J., by opinion eliminated much of plaintiff’s case. The action is one for fraud and deceit in the execution of a certain mining lease,' the pleadings' being fully analyzed in the former opinion. When the case was remanded by this court the defendant amended its…
2Cases cited7 opinions
- Kendrick v. RyusSupreme Court of Missouri · 1910
- Taylor v. ShortSupreme Court of Missouri · 1891
- Haven v. NealSupreme Court of Minnesota · 1890
- Wilson v. NicholsSupreme Court of Connecticut · 1899
- Sell v. Mississippi River Logging Co.Wisconsin Supreme Court · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Smith v. TracySupreme Court of Missouri · 1963
- Holcomb & Hoke Mfg. Co. v. JonesSupreme Court of Oklahoma · 1924
- Gruenewaelder v. WintermannSupreme Court of Missouri · 1962
- Cantley v. PlattnerMissouri Court of Appeals · 1934
- Humphrey v. SieversSupreme Court of Minnesota · 1917
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