Missouri Court of Appeals· 4/29/1980

Osterberger v. Hites Construction Co.

Citations

599 S.W.2d 221
1980 Mo. App. LEXIS 2978

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

stating that, when “no findings of fact or conclusions of law were requested or given, all issues are to be deemed found in accordance with results reached” by a judgment
stating that, when “no findings of fact or conclusions of law were requested or given, all issues are to be deemed found in accordance with results reached” by a judgment
“[I]n an equitable action, the court has the inherent power to adjust equity between the parties.”
“[W]e have found that partial information may be as misleading and deceptive as active misrepresentation, and we have imposed a duty to disclose material facts where the defendant has invited plaintiff’s confidence by making only a partial disclosure.”
equity may shape the remedy to meet the demands of justice
“The test of materiality . . . is not, subjectively, whether the fact concealed would have affected the conduct of the particular buyer concerned but, rather, whether, objectively, the fact concealed would have affected the conduct of a reasonably prudent buyer.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Satz, Dowd, Crist

Read full opinion on CourtListener

Cited by

72 cases in this archive cite this case; the 20 most cited are listed.

Cites

30 cases in this archive are cited by this case; the 20 most cited are listed.

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