76 Mo. 254 | Mo. | 1882
This is a suit by plaintiff to recover damages occasioned, as alleged in the petition, by false and fraudulent representations made by defendant to plaintiff’s agent, whereby be was deceived, and induced to purchase of defendant certain lands in the state of Kansas at the price of $2,000, which was paid for by plaintiff conveying to defendant her one-third interest in certain land in Jackson county, Missouri. The alleged false representations were that the land conveyed by defendant was “high rolling prairie, all rich and dry and susceptible of cultivation, except a few acres in one corner, at which point a branch ran through it and afforded water suitable for pasture, and that the land was within seven miles of Olathe, Kansas.” The answer, after admitting the conveyance of the said land, denied all the other, allegations of the petition, and upon the trial of the cause plaintiff obtained judgment for $1,600, from which defendant has appealed, and assigns for error the action of the court in refusing to admit proper evidence, and in giving improper and refusing proper instructions.
The following instructions were given for plaintiff', over defendant’s objection:
1. You will find for plaintiff, if you believe from the evidence that her father, acting for her, and as her agent, traded with defendant, or purchased of him for plaintiff' the land in the petition described; that at the time of making said trade or purchase, she and said agent were ignorant as to the value, condition and location of Baid land; that said agent informed defendant he had not seen
. 2. You are further instructed that should you find for plaintiff, the measure of damages is such sum or amount as you may, from the evidence, believe "was the difference between the actual value of said land at the time it was conveyed to plaintiff and what would have been its value at the time, had it been in point of quality, condition and location as represented by defendant, not exceeding the amount claimed in the petition; and if you find for plaintiff, you may allow her interest on the amount you may find for her, from the time of the commencement of this action.
The following instructions were given for defendant:
1. If you believe from the evidence that' the plaintiff
3. The evidence in this ease shows that the plaintiff in person had nothing whatever to do with the defendant in the negotiations which resulted in the conveyance to her by defendant of the land in Johnson county, Kansas, and it is for you to determine from all the evidence in the case who acted for her in such negotiations, and whether the defendant made to such person any, and if any, what false and fraudulent misrepresentations to induce plaintiff to enter into the agreement which resulted in the conveyance of said land to her.
The following offered by the defendant was refused :
2. If you believe from the evidence that the defendant misrepresented to the plaintiff', or her agent, the quality, condition and locality of the land in Johnson county, Kansas, but that defendant at the same time referred plaintiff', or her agent, to parties in this county, from whom plaintiff', or her agent, might obtain information in regard to said mattel’s, and that plaintiff neglected to make in