Legal Opinion

Morse v. Rathburn

Supreme Court of Missouri

Decided October 15, 1871PublishedCited by 11 opinions

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

  1. Buford v. CaldwellSupreme Court of Missouri · 1834
  2. Glasscock v. MinorSupreme Court of Missouri · 1848
  3. Moore v. SauborinSupreme Court of Missouri · 1868
  4. Owens v. RectorSupreme Court of Missouri · 1869

3Cited by11 opinions

  1. Judd v. WalkerSupreme Court of Missouri · 1908
  2. Dunn v. WhiteSupreme Court of Missouri · 1876
  3. Judd v. WalkerMissouri Court of Appeals · 1905
  4. Mobley v. CopelandMissouri Court of Appeals · 1992
  5. Riley v. WhiteMissouri Court of Appeals · 1950

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