Kincaid v. Dormey

This case has once before been in this court, (47 Mo., 337.) when it was reversed and remanded for' a new trial, in consequence of what was conceived to be a wrong interpretation, placed upon an alleged agreement by the tribunal below trying the cause. The cause was re-tried in substantial compliance with the law as laid down by this Court, and the plaintiff again had a verdict and judgment. There can be no estoppel in a case of this hind, if the parties acted under a mutual mistake of facts. The evidence in reference to the agreement, as to the location of the divisional fence was…