KING v. MORRIS

No. 7661.

315 S.W.2d 497 (1958)

Lee KING, Plaintiff-Respondent, v. Mack MORRIS, Defendant-Appellant.

Springfield Court of Appeals, Missouri.

June 16, 1958.


Attorney(s) appearing for the Case

Don G. Busch, Springfield, for appellant.

Allen, Woolsey & Fisher, Russell G. Clark, Springfield, for respondent.


McDOWELL, Judge.

This appeal is from a judgment rendered in the Circuit Court of Greene County, Missouri, in favor of plaintiff for $250 in an action for fraud in the sale of a dairy cow.

Error is assigned that the petition fails to state a cause of action.

The essential elements necessary to be pleaded to constitute fraud are, "That a representation was made as a statement of fact, which was untrue and known to be untrue by the party making it, or...

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