Chas. R. Kirk & Co. v. Seeley
Missouri Court of Appeals
Appeal from the Grwndy Circuit Court. — Hon. Paris C. Stepp, Judge. If tbe property is of any value whatever, and not entirely worthless, it must be returned by tbe buyer before he can rescind. 8 Am. Cyclopedia, p. 817, sec. 9; Benj. on Sales [Corbin’s Ed.], p. 592, sec. 674; Perly v. Balch, 23 Pick. 283; Getchell v. Chase,- 37 N. H. 316; Bowsv.
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Appeal from the Grwndy Circuit Court. — Hon. Paris C. Stepp, Judge. If tbe property is of any value whatever, and not entirely worthless, it must be returned by tbe buyer before he can rescind. 8 Am. Cyclopedia, p. 817, sec. 9; Benj. on Sales [Corbin’s Ed.], p. 592, sec. 674; Perly v. Balch, 23 Pick. 283; Getchell v. Chase,- 37 N. H. 316; Bowsv. Griswold, 4 Hun (N. Y.), 550; Bose v. Booty, 39 Ind. 77; Smith v. Bitterham, 98111.188; Merritt v. Bobinson, 31 Ark. 381; Fits v. Bynum, 55 Cal. 459. (2) A contract of sale induced by fraud is merely voidable and not void; so that if, after discovery…
1Opinion of the CourtEllison, J.
This is an action of replevin whereby it is sought to recover the possession of two stallions, Ajax and Jumbo, plaintiffs’ claim of title being based on a chattel mortgage given to them by defendant. The trial below resulted in defendant’s favor for Jumbo, he making no contention as to Ajax and so stating in his answer.
On January 21, 1891, plaintiffs sold and delivered to defendant the stallion, Ajax, and gave the following written warranty of his being a breeder:
“Chariton, Iowa, January 21, 1891.
“This is to certify that “Ajax,” the French Coach horse whose number is 744, and is this day sold…
2Cases cited8 opinions
- Cahn v. ReidMissouri Court of Appeals · 1885
- Nichols, Shepherd & Co. v. LarkinSupreme Court of Missouri · 1883
- Estes v. ReynoldsSupreme Court of Missouri · 1882
- Taylor v. ShortSupreme Court of Missouri · 1891
- Melton v. SmithSupreme Court of Missouri · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Nunn v. BrillhartTexas Commission of Appeals · 1922
- Phares v. Jaynes Lumber Co.Missouri Court of Appeals · 1906
- Sturgis v. WhislerMissouri Court of Appeals · 1910
- Westbrook v. Reeves & Co.Supreme Court of Iowa · 1907
- Lierheimer v. Minnesota Mutual Life InsuranceMissouri Court of Appeals · 1907
1 more not listed; retrieve them via the Exa API.