Springer v. Kleinsorge
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. (1) It is submitted respondents were not entitled on the evidence to recover -upon tbeir pleadings. The petition avers and seeks to enforce the specific performance of a written contract between them and appellant, whereas none was proven, or shown to have an existence.
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Appeal from St. Louis Court of Appeals. (1) It is submitted respondents were not entitled on the evidence to recover -upon tbeir pleadings. The petition avers and seeks to enforce the specific performance of a written contract between them and appellant, whereas none was proven, or shown to have an existence. Appellant’s jilea of fraud and by-bidding, was not in equity or law controverted or denied by the denial of “each and every material allegation therein [said answer] contained” —hence stood admitted, and appellant was entitled to the decree rendered in his favor by the nisi prius court.…
1Opinion of the Court
Philips, C.
This is an action to recover from the defendant the amount alleged to have been bid by him for certain real estate sold in the name of Nicholas Springer and others at- public auction. The answer tendered the general issue, and further pleaded that at said sale false and fraudulent bidders, known as by-bidders, through the1 connivance of plaintiff’s testator, were present, and that false representations were then and there made by vendors, by reason of which defendant was misled into making a bid at said pretended sale.
On a trial before the court, without a jury, the court found the…
2Cases cited25 opinions
- Northrup v. Mississippi Valley InsuranceSupreme Court of Missouri · 1871
- Nelson v. BrodhackSupreme Court of Missouri · 1869
- Chouteau v. AllenSupreme Court of Missouri · 1879
- Greenway v. JamesSupreme Court of Missouri · 1864
- Chapman v. McIlwrathSupreme Court of Missouri · 1882
20 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Benne v. SchneckoSupreme Court of Missouri · 1889
- State Ex Rel. King v. LyonsNew Mexico Supreme Court · 2011
- Black & Snyder v. Crowther & AndrianoMissouri Court of Appeals · 1898
- McKinney v. NorthcuttMissouri Court of Appeals · 1905
- Hurt v. FordSupreme Court of Missouri · 1898
33 more not listed; retrieve them via the Exa API.