73 Mo. 310 | Mo. | 1880
The plaintiff, when applied to by defendant for information concerning the title of Sumner to the property in dispute, replied that “ the title was good, so far as he knew.” Plaintiff was familiar with the title to the propérty, and defendant being about to purchase it of Sumner, was directed to plaintiff, by several others, for information respecting the title to the lots, and relying on the information thus obtained, purchased them of Higbee, the attorney of Sumner. At the very time that plaintiff responded, as aforesaid, to the inquiry mentioned, he had in his possession a certificate of purchase of the lots in question, and had been the possessor thereof for over a year prior to the period of the inquiry. The only reason plaintiff gives for the untruthful response he made is, that at the time he made it, he held some one hundred and fifty or two hundred tax certificates, and did not then know, nor did he know until at or after the time he obtained his deed, that the lots sued for were included in such certificates. Granting that plaintiff’s excuse for misleading defendant