Montgomery v. Wise
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Now. John G. Parle, Judge. The action is grounded on an alleged express promise by defendants to return to plaintiff the $1,200 which he had paid to them, with interest thereon. But if the petition be regarded as counting on the contract or a rescission thereof, the same result will follow. Olmstead y. Smith, 87 Mo. 602; Pursley v. Good, 94 Mo. App. 390; Easton v. Montgomery (Cal.), 27*Pac. 283; Davis v. Banda-Ghio R. E. Co., 115 M'o.
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Appeal from Jackson Circuit Court. — Now. John G. Parle, Judge. The action is grounded on an alleged express promise by defendants to return to plaintiff the $1,200 which he had paid to them, with interest thereon. But if the petition be regarded as counting on the contract or a rescission thereof, the same result will follow. Olmstead y. Smith, 87 Mo. 602; Pursley v. Good, 94 Mo. App. 390; Easton v. Montgomery (Cal.), 27*Pac. 283; Davis v. Banda-Ghio R. E. Co., 115 M'o. App. 339; Building Assn, y. McTague, 31 Atl. 727; Woodward v. Van Hoy, 45 Mo. 301. The policy of our code of procedure is…
1Opinion of the CourtBroaddus, P. J.
— This is a suit for money had and received and grows out of the following contract
*179“WISE AND STERN.
“SALE contract.
“This agreement, made and entered into this 23rd day of September, 1904, by and between Wise & Stern of Kansas City, Jackson county, State of Missouri, parties of the first part, and G. W. Montgomery of Buchanan county and State of Missouri, party of the second part:
“Witnesseth, That in consideration of four thousand ($4,000) dollars, to be paid to the parties of the first part by said party of the second part in sums and at times hereinafter set forth, parties of the first part…
2Cases cited9 opinions
- Clifford Banking Co. v. Donovan Commission Co.Supreme Court of Missouri · 1906
- Mansur v. BottsSupreme Court of Missouri · 1883
- Olmstead v. SmithSupreme Court of Missouri · 1885
- Davis v. Barada-Ghio Real Estate Co.Missouri Court of Appeals · 1905
- Harwood v. DiemerMissouri Court of Appeals · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Rice v. GriffithSupreme Court of Missouri · 1942
- Brightwell v. McAfeeSupreme Court of Missouri · 1913
- Ballenger v. Castle Rock Building Corp.Missouri Court of Appeals · 1995
- Brandkamp v. ChapinMissouri Court of Appeals · 1971
- Martin v. FicklinMissouri Court of Appeals · 1950
5 more not listed; retrieve them via the Exa API.