Legal Opinion

Overhulser v. Peacock

Missouri Court of Appeals

Decided May 17, 1910PublishedCited by 1 opinion

Appeal from Clark Circuit Court. — Hon. Chas. D. Steioart, Judge. (1) Any contract, the making of which is induced by the fraud of either party, practiced upon the other at the time the contract was made, or while negotiations in regard to it are being carried o,n, is voidable, and may be rescinded at the election of the party defrauded.

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Appeal from Clark Circuit Court. — Hon. Chas. D. Steioart, Judge. (1) Any contract, the making of which is induced by the fraud of either party, practiced upon the other at the time the contract was made, or while negotiations in regard to it are being carried o,n, is voidable, and may be rescinded at the election of the party defrauded. Smith v. Richards (U. S.), 13 Pet. 26, 10 Law Ed. 42; Skinner v. Brigham, 126 Mass. 132; Reed v. Patterson, 91 111. 288; Besan v. Hartrick, 12 Me. 262; Camp v. Camp, 2 Ala. 632; Miner v. Medbury, 6 Wis. 295; Bustered v. Farrington (Minn.), 31 N. W. R. 360;…

1Opinion of the CourtGoode, J.

Plaintiff sold and delivered to defendant a bay horse, May 18, 1909, defendant giving a' check for $162.50 for the price, but stopping payment of the check, an act which resulted .in the present case, brought to recover the price of the horse. The defense is the animal had an incurable disease called heaves, which fact was known to plaintiff at the time of the sale, but was unknown to defendant and was latent so as to be undiscoverable in the opportunity defendant had to examine the horse. As presented on the appeal this defense takes on a two-fold character, to-wit, as cause for rescission…

2Cases cited4 opinions

  1. Lindsay v. DavisSupreme Court of Missouri · 1860
  2. Moore v. KogerMissouri Court of Appeals · 1905
  3. Colchord Machinery Co. v. Loy-Wilson Foundry & Machinery Co.Missouri Court of Appeals · 1908
  4. Grojean v. DarbyMissouri Court of Appeals · 1909

3Cited by1 opinion

  1. L. J. Smith Construction Co. v. MullinsMissouri Court of Appeals · 1918

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