278 Mo. 247 | Mo. | 1919
Plaintiffs, husband and wife, sue to set aside their deed for their farm in Missouri, given in part payment of certain Texas land conveyed to them by the corporate defendant and to recover damages for alleged fraud and deceit, on the part of said defendants in procuring said deed.
The husband, a doctor and farmer living in Webster County, Missouri, was induced to become one of a party of excursionists who were making a trip to Texas to see the lands which the' defendant corporation was endeavoring to sell to Missouri and Illinois farmers. These excursions were run at regular intervals, were personally conducted and were made up of persons who were provided, for a stipulated sum, with transportation and provision during such trips. Upon arrival of these parties in Texas, they were met with automobiles in „ charge of the defendant Jackson-Vreeland Land Company, which took them to see certain “show farms.” While visualizing these, the prospective purchasers were told that they' represented the average yield of such lands, if adequately "irrigated. A prospectus was furnished them, which, among other things, stated as to irrigation, the following:
“The Valley Reservoir & Canal Company was organized for the purpose of furnishing water to our lands. They have installed at the river one of the*252 most modem and complete pumping plants to be found in the valley. To this. plant they are continually adding new pumps of the most modern type. . . .
“The natural conditions for irrigation are most ideal, as the land slopes back from the river, the altitude at the city of Edinburgh being but three feet higher than the Rio Grand River at low water stages, the surface of the ground lying so level and perfect that very little or no leveling or grading is necessary to irrigate our different tracts. ... »
“The most expert critics on irrigation, after examining our system, have pronounced it as nearly perfect as human ingenuity can devise.
“Each main canal is of sufficient width and depth, and these with the sub-laterals penetrate every portion of the lands we offer for sale.” '
While on his way home, on February 21, 1914, Rabenau entered into a contract to exchange his Missouri land for a tract of Texas land. This contract was afterwards abandoned, and on June 3, 1914, plaintiff and his wife entered into a final contract of exchange and executed a deed to their Webster County-farm and also a deed to a certain town lot at Fordland, Missouri,' subject to a deed of trust thereon.
Plaintiff W. J. Rabenau testified that defendant’s agents represented that the Texas land would produce from five to seven crops of alfalfa a year, and cabbages and onions in such quantities as to bring from two hundred and fifty to five hundred dollars an acre. He specifically testified that it was also represented to him by defendant’s agents that “they had the best system [for supplying water] in the valley; that they had more water than we could ever use, and the best pumping system in the valley;” that relying on these representations he purchased about seventy-two acres of land, in payment for which he and his wife deeded a town lot to a third party and conveyed their farm, as stated before; that upon his faith in the truth of these representations he became a sales-agent for defendant
At the close of the evidence the court found the issues for the plaintiffs and decreed that the deed executed by plaintiffs for their Webster County farm should be cancelled and set aside, and that plaintiffs also recover, as the value of the lot which they had conveyed to a third person, the sum of $875' and costs, and that plaintiffs should deposit with the clerk of the court a deed of reconveyance in due form to defendant of the Texas land conveyed to them. Defendants duly appealed.
The fact upon which the prospective purchasers relied in this case was the adequacy of the irrigating system to water the wild, uncultivated portion of the semi-arid Texas land offered to them, for without such a supply of water it would be practically a desert, and hence it became essential for the defendant corporation to lodge in the minds of the persons whom it sought to attract an abiding conviction that it had provided ample irrigation for the land in question, for otherwise they would not buy. The representations bearing on irrigation were, therefore, necessarily intended to be averments as to an existing state of facts, and were not mere expressions of opinion, or future expectations of the corporation as to the adequacy of its water supply. We, therefore, overrule the contention of appellants that such representations, even if 'untrue, were not fraudulent.
VII. It is finally insisted by appellants that in the contract for exchange plaintiff W. J. Rabenau agreed, in advance, that he acted upon his own investigations in making such purchase and that no promises, representations or agreements should be binding upon the seller unless included in said writing. This provision was contained in the preliminary exchange agreement between the husband and the defendant com
The judgment of the trial court is manifestly correct and will be affirmed. It is so ordered-