Winkleblack v. National Exchange Bank
Missouri Court of Appeals
Appeal from Greene Circuit Court. — No. James T. Neville, Judge. (1) If respondent did not know that the dwelling house was not upon the land when its agents showed it to appellant, then the mistake was mutual, and equity will adjust the wrong done appellant. Weissenfels v. Gable, 208 Mo. 515; Gurry v. Griffith, 115 Mo. App. 369; Griffith v. Townley, 69 Mo. 19; Ghrisman v. Linderman, 202 Mo. 613; Miller v. Fire Brick Co., 139 Mo.
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Appeal from Greene Circuit Court. — No. James T. Neville, Judge. (1) If respondent did not know that the dwelling house was not upon the land when its agents showed it to appellant, then the mistake was mutual, and equity will adjust the wrong done appellant. Weissenfels v. Gable, 208 Mo. 515; Gurry v. Griffith, 115 Mo. App. 369; Griffith v. Townley, 69 Mo. 19; Ghrisman v. Linderman, 202 Mo. 613; Miller v. Fire Brick Co., 139 Mo. App. 25. (2) Where the acts of a party operates as a fraud, even though done without a fraudulent intent, a party cannot be permitted to reap any benefit from it.…
1Opinion of the CourtNixon, P. J.
This was an action in equity to rescind the purchase and exchange of real property between appellant and respondent. The defendant obtained judgment from which the plaintiff appeals.
The facts in this case are substantially as follows:
Plaintiff, Avho was a resident of Atchison, Kansas, was the owner of a house and lot in Kansas City, Kansas, on which there was a deed of trust for $100. Defendant, a banking corporation of Springfield, Missouri, was the owner of a timet of land in Howell county, Missouri, which it had bid in at a foreclosure sale under deed of trust securing a note held by it.…
2Cases cited4 opinions
- Commercial & Agricultural Bank v. JonesTexas Supreme Court · 1857
- Eliot v. Kansas City, Ft. Scott & Memphis RailroadSupreme Court of Missouri · 1907
- Chouteau Land & Lumber Co. v. ChrismanSupreme Court of Missouri · 1907
- Clark v. ClarkMissouri Court of Appeals · 1894
3Cited by12 opinions
- Newco Land Co. v. MartinSupreme Court of Missouri · 1948
- Fogarty v. DavisSupreme Court of Missouri · 1924
- Martin v. Mercantile Trust CompanySupreme Court of Missouri · 1956
- City of St. Louis ex rel. Contracting & Supply Co. v. Hill-O'Meara Construction Co.Missouri Court of Appeals · 1913
- Hodkinson v. McNeal Machinery Co.Missouri Court of Appeals · 1911
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