21 Mo. App. 17 | Mo. Ct. App. | 1886
— Ordinarily a representation as to value, though false, will not be considered fraudulent if the parties are upon equal footing, but merely an expression of'
In this connection he suggests that plaintiff herself may take an invoice. Considering the relation of the parties, the experience of the one and the inexperience of ’the other, we think under the evidence in the cause the case was properly left to the jury. In view of the pleadings and evidence we are of the opinion the court’s action in giving and refusing instructions was proper. Waiving all objection to the fourth instruction, refused for defendant on account of its phraseology, there was no pleading on defendant’s part upon which to base it. It submits the question of ratification by plaintiffs, to the jury on account of their conduct in regard to the stock after discovering the facts. Whether the conduct was such as to satisfy the sale or estop plaintiffs from complaining, it should have been pleaded by defendant in order to justify the instruction. Wade v. Hardy, 75 Mo. 394; Bray v. Marshall, 75 Mo. 327; Noble v. Blount, 77 Mo. 235, 242.
We find no error justifying a reversal and we affirm the judgment.