Stark v. Zehnder
Supreme Court of Missouri
Appeal from Butler Circuit Court. — Eon. J. L. Fort, Judge. (1) This action falls directly within the third clause of the statute and is barred by said statute. R. S. 1899, sec. 4272; Hoester v. Sammelman, 101 Mo. 619; Robsahl v. Lack, 35 Mo. 316. (a) The statute begins to run from the time the cause of action accrues. The cause of action accrues as soon as the party has a right to apply to the proper tribunal for redress.
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Appeal from Butler Circuit Court. — Eon. J. L. Fort, Judge. (1) This action falls directly within the third clause of the statute and is barred by said statute. R. S. 1899, sec. 4272; Hoester v. Sammelman, 101 Mo. 619; Robsahl v. Lack, 35 Mo. 316. (a) The statute begins to run from the time the cause of action accrues. The cause of action accrues as soon as the party has a right to apply to the proper tribunal for redress. If there was á mutual mistake in these contracts, as alleged, plaintiffs had a right to apply to' the proper tribunal for redress, immediately upon the making and delivery…
1Opinion of the CourtValliant, P. J.
This is a suit in equity begun November 14, 1903, to foreclose liens on certain land in Butler county. The petition is in three counts, each based on a separate contract, but all of the same character. The statements in the first count are to the effect that on December 17, 1891, defendant John Gr. A. H. Zehnder, being then the owner of a farm consisting of tbe south half of the southeast quarter of section 27, township 25, range 6 east, containing eighty acres, entered into a contract in writing with the plaintiffs whereby the plaintiffs sold and agreed to deliver to Zehnder three hundred…
2Cases cited3 opinions
- Hoester v. SammelmannSupreme Court of Missouri · 1890
- Hill v. Butler CountySupreme Court of Missouri · 1906
- Epperson v. EppersonSupreme Court of Missouri · 1901
3Cited by43 opinions
- Wheeler v. Missouri Pacific Railroad Co.Supreme Court of Missouri · 1931
- Coleman v. Crescent Insulated Wire & Cable Co.Supreme Court of Missouri · 1943
- Kithcart v. Metropolitan Life Ins. Co.Court of Appeals for the Eighth Circuit · 1945
- Coleman v. RobertsSupreme Court of Missouri · 1908
- Weight v. BaileyUtah Supreme Court · 1915
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