Morse v. Rathburn
Supreme Court of Missouri
Jlppeal from Jefferson Circuit Court. The evidence shows that David Morse had an equitable ownership in the land. Therefore Trow, Marshall & Co. were not agents appointed by an agent, but by a principal; and these representations to Rathburn about this property are as binding upon the plaintiff as if he had made them himself.
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Jlppeal from Jefferson Circuit Court. The evidence shows that David Morse had an equitable ownership in the land. Therefore Trow, Marshall & Co. were not agents appointed by an agent, but by a principal; and these representations to Rathburn about this property are as binding upon the plaintiff as if he had made them himself. (Sharp v. Mayor of New York, 40 Barb. 256; Sanford v. Handy, 23 Wend. 260 ; Glasscock v. Minor, 11 Mo. 655; Doggett v. Emerson, 3 Sto. 733; Monroe v. Pritchett, 16 Ala. 16,785; Farrington v. Bullard, 40 Barb. 512; Mead v. Brum, 32 N. Y. 275.) I. Even if David Morse was…
1Opinion of the CourtBliss, Judge
In 1867 the parties entered into a contract for the sale by the plaintiff to the defendant of certain real estate in Jefferson county for $21,000, the agreement containing a stipulation of forfeiture of $2,000 in case of its non-performance. The defendant failing to fulfill, the plaintiff brought suit for this forfeiture as for liquidated damages, and, upon appeal to this court, his claim was *93sustained (42 Mo. 495), although the cause was remanded to let in a defense of fraud and misrepresentation in the sale. The cause was again tried upon this defense, and the plaintiff obtained judgment,…
2Cases cited4 opinions
- Buford v. CaldwellSupreme Court of Missouri · 1834
- Glasscock v. MinorSupreme Court of Missouri · 1848
- Moore v. SauborinSupreme Court of Missouri · 1868
- Owens v. RectorSupreme Court of Missouri · 1869
3Cited by11 opinions
- Judd v. WalkerSupreme Court of Missouri · 1908
- Dunn v. WhiteSupreme Court of Missouri · 1876
- Judd v. WalkerMissouri Court of Appeals · 1905
- Mobley v. CopelandMissouri Court of Appeals · 1992
- Riley v. WhiteMissouri Court of Appeals · 1950
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