Price v. Lederer
Missouri Court of Appeals
Appeal from, the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. It is well established, that if a purchaser of goods acquires his title by fraud, the vendor may, at his election, upon discovery of the fraud, rescind the contract of sale and reclaim the property, provided the rights of third parties have not intervened. Thomas n. Freligh, 9 Mo. App. 151; Manheimer v. Harrington, 20 Mo. App. 297; Elsass v. Harrington, 28 Mo. App. 300 ; Feder v. Abrams, 28 Mo.
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Appeal from, the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. It is well established, that if a purchaser of goods acquires his title by fraud, the vendor may, at his election, upon discovery of the fraud, rescind the contract of sale and reclaim the property, provided the rights of third parties have not intervened. Thomas n. Freligh, 9 Mo. App. 151; Manheimer v. Harrington, 20 Mo. App. 297; Elsass v. Harrington, 28 Mo. App. 300 ; Feder v. Abrams, 28 Mo. App. 454; Bidault v. Wales, 19 Mo. 36 ; Webster v. Foco, 46 Mo. 181; Donaldson v. Fanpell, 93 U. S. 631. Defendant, upon…
1Opinion of the CourtBiggs, J.
• This is an action of replevin, brought by the respondent in the circuit court of the city of St. Louis, on • the twelfth day of October, 1886, to recover from the defendant Adolph Lederer, and the appellant Samuel Van Ttaalte, the possession of a lot of gloves, of the alleged value of three hundred and twelve dollars. The respondent gave bond, and the property, as shown by the return of the officer, was taken from the possession of defendants and delivered to the respondent. The defendant Lederer failing to appear, judgment by default was entered against him.
Appellant’s testimony tended to…
2Cases cited2 opinions
- Albert v. BeselSupreme Court of Missouri · 1885
- Lionberger v. PohlmanMissouri Court of Appeals · 1885
3Cited by4 opinions
- Meyer Bros. Drug Co. v. McMahanMissouri Court of Appeals · 1892
- Leedom v. J. M. Ward Furniture, Stove & Carpet Co.Missouri Court of Appeals · 1889
- Reid, Murdock & Co. v. LloydMissouri Court of Appeals · 1896
- Adler-Goldman Commission Co. v. Adams Express Co.Missouri Court of Appeals · 1893