Davis v. Cleary Building Corp. (2004)

green · 36 citation events across 6 courts. Showing the 19 strongest citers on record (one row per citing case, strongest signal kept).

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Treatment trajectory · 2005 → 2026 · click a year to view the case as of then

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yellow Jennifer Kerr v. Vatterott Educational Centers, Inc. (2014)

But See · Mo. Ct. App. · signal: but see · 2 citations in this opinion

See, e.g., Plubell, 289 S.W.3d at 711, 715 (plaintiffs claimed that product was worth less than the value represented); Schoenlein v. Routt Homes, Inc., 260 S.W.3d 852, 855 (Mo.App.E.D.2008) (finding reversible error in failing to submit MAI 4.03 in a case about the failure to include the warranty in a real estate purchase); Strebler v. Rixman, 616 S.W.2d 876, 877 (Mo.App.E.D.1981) (finding reversible error in failing to submit MAI 4.03 to the jury in a misrepresentation eas…

stating that, on remand, plaintiffs were entitled to actual damages on their MMPA claim and benefit-of-the bargain damages on their fraudulent misrepresentation claim

green Bank of New York v. Yonts (2012)

Rule Authority · Mo. Ct. App. · 2 citations in this opinion

Corp., 143 S.W.3d 659, 667 (Mo.App.2004) (quoting Sc hurtz v. Cushing, 347 Mo. 113 , 146 S.W.2d 591, 594 (1940)), “ ‘[t]he books are full of decisions that if a party would rescind a contract for fraud or other cause, he must, as far as in his power, put the other party in the condition he would have been in had the contract not been made.’ ” This rule is premised upon two fundamental equitable principles that “ ‘he who seeks equity must do equity,’ ” and “to do equity, ‘nei…

green Shaw v. Raymond (2006)

Rule Authority · Mo. Ct. App. · 2 citations in this opinion

“The evidence and all reasonable inferences drawn therefrom must be viewed in the light most favorable to the trial court’s judgment, and all contrary evidence and inferences must be disregarded.” Davis v. Cleary Building Corp., 143 S.W.3d 659, 665 (Mo.App.2004) (citing Wildflower Cmty. Ass’n, Inc. v. Rinderknecht, 25 S.W.3d 530, 534 (Mo.App.2000)).

green AXE Properties & Mgmt v. Merriman (2024)

Rule Authority · Md. Ct. Spec. App.

Corp., 143 S.W.3d 659, 669-70 (Mo. Ct. App. 2004) (emphasis added) (cleaned up). 44 Md. at 511 (citation omitted). 28 Although different terms of art may be used to describe these damages, in reality, under the facts of this case, Merriman’s negligent misrepresentation claim is founded on breach of the contract of sale of the property, and, therefore, “the rule of damages is the same as in cases for breach of contract in regard to the sale of property.” Id. at 510 (quotation…

emphasis added

green AXE Properties & Mgmt v. Merriman (2024)

Rule Authority · Md. Ct. Spec. App.

emphasis added

green AXE Properties & Mgmt v. Merriman (2024)

Rule Authority · Md. Ct. Spec. App.

emphasis added

green HP Investments v. iLux Capital Management (2021)

Rule Authority · Utah Ct. App.

Corp., 143 S.W.3d 659, 669 (Mo. Ct. App. 2004) (“In electing rescission, which depends on rejection of the contract as written, the [plaintiff] could not also obtain actual damages on the contract, as an award of actual damages depends on affirmation of the contract.” (cleaned up)).

“In electing rescission, which depends on rejection of the contract as written, the [plaintiff] could not also obtain actual damages on the contract, as an award of actual damages depends on affirmation of the contract.” (cleaned up)

green deNourie & Yost Homes v. Frost (2017)

Rule Authority · Neb.

It alleged that “[a]s a proximate result of the Frosts’ failures to perform their payment obligations, D&Y and its principals were denied $250,000 necessary for business operating capital 41 Tobin v. Flynn & Larsen Implement Co., supra note 35, 220 Neb. at 261 , 369 N.W.2d at 98-99 . 42 Gibb v. Citicorp Mortgage, Inc., 246 Neb. 355, 374 , 518 N.W.2d 910, 923 (1994). 43 See General Ins. v. Mammoth Vista Owners Ass’n, 174 Cal. App. 3d 810 , 220 Cal. Rptr. 291 (1985). 44 Davis …

green Thomas Host v. BNSF Railway Company (2015)

Rule Authority · Mo. Ct. App.

Trimble v. Pracna, 167 S.W.3d 706, 711 (Mo. banc 2005) (citing Davis v. Cleary Bldg., Corp., 143 S.W.3d 659, 670 (Mo.App.W.D.2004)).

green McGuire v. Kenoma, LLC (2012)

Rule Authority · Mo. Ct. App.

E.D.2006) (quoting Davis v. Cleary Building Corp., 143 S.W.3d 659, 670 (Mo.App.

green Cutcliff v. Reuter (In Re Reuter) (2010)

Rule Authority · Bankr. W.D. Mo.

Davis v. Cleary Building Corp., 143 S.W.3d 659, 669 (Mo.Ct.App.2004).

green Schoenlein v. Routt Homes, Inc. (2008)

Rule Authority · Mo. Ct. App.

Corp., 143 S.W.3d 659, 668 (Mo.App.

green Ullrich v. Cadco, Inc. (2008)

Rule Authority · Mo. Ct. App.

Trimble v. Pracna, 167 S.W.3d 706, 711 (Mo. banc 2005); Davis v. Cleary Building Corp., 143 S.W.3d 659, 669 (Mo.App.

green Bmk Corp. v. Clayton Corp. (2007)

Rule Authority · Mo. Ct. App.

Corp., 143 S.W.3d 659, 670 (Mo.App.

green Martha's Hands, LLC v. Starrs (2006)

Rule Authority · Mo. Ct. App.

Employee is correct that a party is “not entitled to ‘be made more than whole or receive more than one fall recovery for the same harm.’ ” Davis v. Cleary Building Corp., 143 S.W.3d 659, 670 (Mo.App.

green Scott v. Blue Springs Ford Sales, Inc. (2006)

Rule Authority · Mo. Ct. App.

Corp., 143 S.W.3d 659, 668 (Mo.App.2004); Hanes v. Twin Gable Farm, Inc., 714 S.W.2d 667, 670-671 (Mo.App.1986).

green Scott v. Blue Springs Ford Sales, Inc. (2005)

Cited · Mo. · signal: see · 2 citations in this opinion

See Davis v. Cleary Building Corp., 143 S.W.3d 659 , 669-70 (Mo.App.2004).

green GOLDILUXE, LLC v. Abbott (2010)

Cited · Mo. Ct. App. · signal: see

See Davis v. Cleary Building Corp., 143 S.W.3d 659, 666-67 (Mo.App.2004). 4 Viewing the record as we must, the property’s value plunged during Plaintiffs ownership for reasons other than Defendant’s fraud.

green Catroppa v. Metal Building Supply, Inc. (2008)

Cited · Mo. Ct. App. · signal: see

See Davis, 143 S.W.3d at 670.