Legal Opinion · Dissent

Gassner v. Cromer

Missouri Court of Appeals

Decided February 4, 1986No. 48854Published

1Dissent

PUDLOWSKI, Presiding

Judge, dissenting.

I respectfully dissent.

This matter reminds the writer of an old legal truism. Hard eases make bad law. Hard cases must not make bad equity any more than bad law. Moore v. Pierson, 6 Iowa 279, 71 Am.Dec. 409 (1858).

In the case at bar, appellant raises two points on appeal. First, appellant contends that the trial court erred in decreeing that the title to the real property be vested in appellant and respondent as tenants in common because the judgment unjustly enriches respondent. Second, appellant contends the judgment denies her restitution and allows…

2Cases cited4 opinions

  1. Moore v. PiersonSupreme Court of Iowa · 1858
  2. Dobbins v. HuppMissouri Court of Appeals · 1978
  3. Bevins v. HarrisSupreme Court of Missouri · 1964
  4. Rutherford v. RutherfordSupreme Court of Missouri · 1969

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