Skeen v. Springfield Engine & Thresher Co.
Missouri Court of Appeals
Appeal.from the Johnson Circuit Court. — Host. Chas. W. Sloan, Judge. (1) Several distinct and separate causes of action may, and frequently do, arise'out of a single transaction or contract. Boyce v. Christy, 47 Mo.; Priest v. Beaver, 22 Mo. App. 277; Kerr v. Simmons, 9 Mo. App. 376; Bulaney v. Payne, 101 111.; s. c., 40 Am. Rep. 205 ; Adler v. Railroad, 92 Mo. 242; 1 Suth.
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Appeal.from the Johnson Circuit Court. — Host. Chas. W. Sloan, Judge. (1) Several distinct and separate causes of action may, and frequently do, arise'out of a single transaction or contract. Boyce v. Christy, 47 Mo.; Priest v. Beaver, 22 Mo. App. 277; Kerr v. Simmons, 9 Mo. App. 376; Bulaney v. Payne, 101 111.; s. c., 40 Am. Rep. 205 ; Adler v. Railroad, 92 Mo. 242; 1 Suth. Bam. pp. 177-178; Secor v. Sturgis, 16 N. Y. 554; Perry v. .Dickerson, 85N. Y. 345. (2) The maxim, “Nemo debet bis vexari pro una et eadem causa,” has no application where the parties have severed the contract into more…
1Opinion of the CourtSmith, P. J.
On June 7,1884, the plaintiff entered into a contract with defendant for the purchase of a steam-traction engine. The contract contained certain ■covenants of warranty. The machine upon trial was ascertained not as it was warranted. On August 5, 1885, the plaintiff elected to rescind said contract, and thereupon demanded of defendant the return of the notes, four in number, given for the purchase money and for the amount of money that had been paid thereon in the first instance. The defendant denied the plaintiff ’ s right to rescind said contract, and refused to return any of said notes or…
2Cases cited18 opinions
- Nanson v. JacobSupreme Court of Missouri · 1887
- Union Railroad & Transportation Co. v. TraubeSupreme Court of Missouri · 1875
- Boutell v. WarneSupreme Court of Missouri · 1876
- State ex rel. Wolff v. BerningSupreme Court of Missouri · 1881
- Bredow v. Mutual Savings InstitutionSupreme Court of Missouri · 1859
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3Cited by4 opinions
- Danciger v. American Express Co.Missouri Court of Appeals · 1915
- Bank of Darlington v. PowersMissouri Court of Appeals · 1903
- Ormsby v. A. B. C. Fireproof Warehouse Co.Missouri Court of Appeals · 1926
- Alkire Grocer Co. v. TagartMissouri Court of Appeals · 1895