Kisschner v. Kirschner
Supreme Court of Missouri
Appeal from Buchanan Circuit Cowrt. — Hon. O M. Spencek, Judge. (1) Á sale from principal to agent' is voidable at the election oí the principal, unless “there is the most entire good faith and full disclosure of all the facts and ■circumstances, and an absence of all undue influence, advantage or imposition.’’ Story on Equity Jurisprudence [4 Ed.] close of sec. 315, p. 339, secs 316a, 317— 323; 2 Pomeroy on Equity Jurisprudence, secs. 956-959; Keith v. Kellam, 35 Fed.
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Appeal from Buchanan Circuit Cowrt. — Hon. O M. Spencek, Judge. (1) Á sale from principal to agent' is voidable at the election oí the principal, unless “there is the most entire good faith and full disclosure of all the facts and ■circumstances, and an absence of all undue influence, advantage or imposition.’’ Story on Equity Jurisprudence [4 Ed.] close of sec. 315, p. 339, secs 316a, 317— 323; 2 Pomeroy on Equity Jurisprudence, secs. 956-959; Keith v. Kellam, 35 Fed. Rep. 243; Spencer & Neivbold’s Appeal, 80 Pa. St. 317; Hunter v. Hwnter, 50 Mo. 445; Street v. Goss, 62 Mo. 226; Bradshaw v.…
1Opinion of the CourtBarclay, J.
This is a suit to rescind a sale of real estate in the city of St. Joseph for alleged fraud and undue influence, and for a decree for title accordingly.
Plaintiffs are the children of Jacob Kirsc'hner. The husband of each of the married plaintiffs is also joined with her. The defendant, John Peter Kirschner, is the uncle of the principal plaintiffs. He denied the charges of the petition.
Upon a trial, a finding and decree for defendant resulted, from which plaintiffs appealed.
*294The following is a sufficient outline of the case for present purposes:
In 1869 Jacob Kirschner died, leaving plaintiffs…
2Cited by4 opinions
- McDermeitt v. KeeslerSupreme Court of Missouri · 1912
- Johnson Fare Box Co. v. C. L. Downey Co.Supreme Court of Missouri · 1953
- Johnson v. JohnsonNorth Dakota Supreme Court · 1957
- Johnson v. JohnsonNorth Dakota Supreme Court · 1957