Potter v. Bassett
Missouri Court of Appeals
Appeal from, the Clinton Circuit Court. — Hon. O. T. Garner, Special Judge. Statement by the court: This is a suit to have delivered up, and cancelled, five negotiable promissory notes, executed by plaintiffs to defendant, in consideration of a five years’ lease of land, and also to rescind the contract of leasing.
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Appeal from, the Clinton Circuit Court. — Hon. O. T. Garner, Special Judge. Statement by the court: This is a suit to have delivered up, and cancelled, five negotiable promissory notes, executed by plaintiffs to defendant, in consideration of a five years’ lease of land, and also to rescind the contract of leasing. The lease and notes were drawn up by def endant and were all executed December 31, 1883; the term of the lease was to commence March 1, 1884, and expire March 1, 1889. Defendant’s signature to the lease is “B. F. Bassett, agent of estate of R. Long, deceased,” and similiar…
1Opinion of the CourtEllison, J.
The case of Crockett v. Althouse et al., ante, p. 404, involved one of the notes given, *425under the terms of the lease in controversy. What we there said sufficiently explains our reason for holding the lease to be void and of no binding effect upon the plaintiffs. It may be added to what is there said, that this lease which is the consideration of the notes, is void for the further reason that it is made by an agent in his own name; for though, in the beginning of the lease, defendant is described as “ B. P. Bassett, agent estate R. Long, deceased, of Lexington, Kentucky, party of the first…
2Cases cited2 opinions
- Heath v. GoslinSupreme Court of Missouri · 1883
- Murray v. ArmstrongSupreme Court of Missouri · 1847