Brown v. Weldon
Supreme Court of Missouri
Certified from Kansas City Court of Appeals. (1) As the answer pleaded no tender, the evidence should have been confined to the issues. Gal-breath v. Moberly, 80 Mo. 484. (2) A party can only recover or defend on the case made by his pleadings. Moffatt n. Conldin, 35 Mo. 453; Glass v. Gelvin, 80 Mo. 297. (3) Defendants could not rescind without restoring consideration. Estes n. Reynolds, 75 Mo. 563. (4) Right of rescissions must be promptly exercised. Key n.
Read the full summary
Certified from Kansas City Court of Appeals. (1) As the answer pleaded no tender, the evidence should have been confined to the issues. Gal-breath v. Moberly, 80 Mo. 484. (2) A party can only recover or defend on the case made by his pleadings. Moffatt n. Conldin, 35 Mo. 453; Glass v. Gelvin, 80 Mo. 297. (3) Defendants could not rescind without restoring consideration. Estes n. Reynolds, 75 Mo. 563. (4) Right of rescissions must be promptly exercised. Key n. Jennings, 66 Mo. 356; Estes r>. Reynolds, 75 Mo. 563. (5) Rescission as a defense must be specially pleaded. Riggins v. Railroad, 73 Mo.…
1Opinion of the CourtBrace, J.
In this case the judgment of the circuit court of Daviess county in favor of the defendants, on appeal to the Kansas City court of appeals, was reversed and the cause remanded. But one of the judges of said court of appeals being of the opinion that the decision of the majority of the court, rendered therein, is contrary to a previous decision of the supreme court, the cause was certified to this, court under the *566provisions of section 6 of the constitutional amendment of 1884. R. S. 1889, p. 88.
The case, fully reported in 27 Mo. App. 251, was carefully considered by the court of appeals and…
2Cases cited4 opinions
- Brown v. WeldonMissouri Court of Appeals · 1887
- Compton v. ParsonsSupreme Court of Missouri · 1882
- Murphy v. GaySupreme Court of Missouri · 1866
- Frissell v. RelfeSupreme Court of Missouri · 1846
3Cited by40 opinions
- Long Bros. v. J. K. Armsby Co.Missouri Court of Appeals · 1891
- St. Louis Brewing Ass'n v. McEnroeMissouri Court of Appeals · 1899
- A. G. Danforth & Co. v. CrookshanksMissouri Court of Appeals · 1897
- Hill v. DillonMissouri Court of Appeals · 1913
- Boyer v. NeelMissouri Court of Appeals · 1892
35 more not listed; retrieve them via the Exa API.