Akers v. Ray County Savings Bank
Missouri Court of Appeals
Appeal from the Bay Circuit Court. — Hon. E. J. Broaddus, Judge. The court failed to specify the count in the petition on which he based his finding and judgment, and consequently the judgment must be arrested. 'Mooney v. Kennett, 19 Mo. 551; Clark’s Adm’r v. Railroad, 36 Mo. 215; Potts v. Fugate, 41 Mo. 405; Collins v. Bulle, 45 Mo. 269; Begelan v. Railroad, 48 Mo. 510; Owens v. Railroad, 58 Mo. 386; Brisker v. Railway, 83 Mo. 391. (1) Appellant is estopped from denying the…
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Appeal from the Bay Circuit Court. — Hon. E. J. Broaddus, Judge. The court failed to specify the count in the petition on which he based his finding and judgment, and consequently the judgment must be arrested. 'Mooney v. Kennett, 19 Mo. 551; Clark’s Adm’r v. Railroad, 36 Mo. 215; Potts v. Fugate, 41 Mo. 405; Collins v. Bulle, 45 Mo. 269; Begelan v. Railroad, 48 Mo. 510; Owens v. Railroad, 58 Mo. 386; Brisker v. Railway, 83 Mo. 391. (1) Appellant is estopped from denying the validity of the conveyance, having received the proceeds of the sale. A bank is the subject of estoppel, the same as a…
1Opinion of the Court
Ellison J.
This action is based on two counts— one for the breach of the covenants of warranty in a deed, whereby the defendant corporation purported to convey to plaintiff sixty-eight acres of land in Ray county, when, in fact, the land conveyed consisted of fifty-three acres only. The second count was for the *318same matter, “but was not based on the warranty in the deed. It is based merely on the alleged facts of plaintiff purchasing sixty-eight acres of land of defendant, at $8 per acre, in reliance upon the representation of defendant that it owned said amount of land and had conveyed the…
2Cases cited2 opinions
- Lancaster v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1887
- Phœnix Mutual Life Insurance v. LandisMissouri Court of Appeals · 1892
3Cited by7 opinions
- Pettengill v. BlackmanIdaho Supreme Court · 1917
- Cantrell v. DavidsonMissouri Court of Appeals · 1914
- Martin v. HillMissouri Court of Appeals · 1907
- Nolan v. BedfordMissouri Court of Appeals · 1901
- Robinson v. Riverside Concrete, Inc.Missouri Court of Appeals · 1976
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