Yeatman v. Clemens
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. The report of the appraisers, not being made under oath, did not preclude proof that the valuation was excessive. — Taylor v. Hayden, 18 Mo. 390 ; Frissell v. Fiches, 17 Mo. 537 ; Webb v. Hauser, 38 Mo. 210; Fassett v. Fassett, 41 Mo. 516; Tucher v. Allen, 47 Mo. 488. The plaintiff could only recover on the-contract contained in the lease, and not on the appraisement itself. — Qarrad v. Doniphan, 10 Mo. 161; Leonard v. Oox, 64 Mo. 32. No…
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Appeal from St. Louis Circuit Court. The report of the appraisers, not being made under oath, did not preclude proof that the valuation was excessive. — Taylor v. Hayden, 18 Mo. 390 ; Frissell v. Fiches, 17 Mo. 537 ; Webb v. Hauser, 38 Mo. 210; Fassett v. Fassett, 41 Mo. 516; Tucher v. Allen, 47 Mo. 488. The plaintiff could only recover on the-contract contained in the lease, and not on the appraisement itself. — Qarrad v. Doniphan, 10 Mo. 161; Leonard v. Oox, 64 Mo. 32. No party is estopped by an admission made in ignorance of his rights, induced by an innocent, mistake of material facts. —…
1Opinion of the CourtHayden, J.
This is an action founded on a clause in a lease, to recover *212the value of certain improvements made by the respondent upon a lot of ground' leased by him of the appellant for twenty years. The lease contained the following provision : “And it is further considered and agreed by and between the parties thereto, that if, during the continuance of this lease, the said James E. Yeatman shall erect a substantial brick store or warehouse on the premises, and finish the same in manner that such stores or warehouses are usually finished, he, the said Clemens, at the end of the term for which the…
2Cases cited3 opinions
- Yeats v. BallentineSupreme Court of Missouri · 1874
- Zallee v. Laclede Mutual Fire & Marine InsuranceSupreme Court of Missouri · 1869
- Leonard v. CoxSupreme Court of Missouri · 1876
3Cited by2 opinions
- Hercules Powder Co. v. Knoxville, La Follette & Jellico RailroadTennessee Supreme Court · 1904
- Missouri, K. & T. Ry. Co. v. ElliottU.S. Circuit Court for the District of Missouri · 1893