Cannon v. Sanford
Missouri Court of Appeals
Appeal from the Cape Girardeau Court of Common Pleas, R. L. Wilson, Judge. But if there be •any mistake, or omission, or acoident, or fraud, or undue advantage, by which the account stated is vitiated and the balance is incorrectly fixed, a court of equity will not suffer it to be conclusive on the parties, but will allow it to be opened and re-examined. 1 Story’s Equity .Jur. (5 Ed.) sect. 523 ; Adams Eq. (5 Am. Ed. sects.) 227-8, and side notes.
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Appeal from the Cape Girardeau Court of Common Pleas, R. L. Wilson, Judge. But if there be •any mistake, or omission, or acoident, or fraud, or undue advantage, by which the account stated is vitiated and the balance is incorrectly fixed, a court of equity will not suffer it to be conclusive on the parties, but will allow it to be opened and re-examined. 1 Story’s Equity .Jur. (5 Ed.) sect. 523 ; Adams Eq. (5 Am. Ed. sects.) 227-8, and side notes. Mistakes of attorneys touching matters peculiarly within their own knowledge have been corrected by courts of equity, so as to conform to the…
1Opinion of the CourtThompson, J.
This is an action for the sum of $881.29, being the balance due upon a final account and settlement, -stated and rendered by the defendant to the plaintiff, covering transactions by the defendant on behalf of the plaintiff, as her attorney and business agent, during the preceding ten years. This suit was instituted in August, 1884. Subsequent to the institution of the suit, the defendant made the plaintiff two payments in part liquidation of this balance, namely, three hundred dollars, on September 12, 1884, and four hundred dollars, on September 22, 1884, leaving a sum due, according to the…
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