King v. Guy

On Motion for Rehearing

In his vigorous motion for rehearing, plaintiff insists that his suit was for damages for breach of warranty and that we have wronged him in holding that it was for rescission or, characterized more accurately and precisely, for recovery of the consideration paid by plaintiff under the rescinded contract of sale. When “it [thus] becomes necessary to determine the nature of the cause, that determination is based upon construction of the complaint” [Williams v. Illinois Cent. R. Co., 360 Mo. 501, 229 S.W.2d 1, 2(3), 20 A.L.R.2d 322; Hilderbrand v. Anderson, Mo.App., 270…