Sturgis v. Whisler
Missouri Court of Appeals
Appeal from Caldwell Circuit Court. — Eon. Francis E. Trimble, Judge. (1) Contracts, involving the relation of personal confidence, and such that the party whose agreement conferred those rights must have intended them to be exercised only by him in whom he actually confided, are not transferable. Pritts v. McMurray, 74 Mo.
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Appeal from Caldwell Circuit Court. — Eon. Francis E. Trimble, Judge. (1) Contracts, involving the relation of personal confidence, and such that the party whose agreement conferred those rights must have intended them to be exercised only by him in whom he actually confided, are not transferable. Pritts v. McMurray, 74 Mo. App. 495; Implement Co. v. Iron Works, 129 Mo. 222; Kernochan v. Murray, 111 N. Y. 306. (2) Where an executory contract is founded upon trust and confidence reposed in the character and skill of a particular person, it is not assignable without the consent and concurrence…
1Opinion of the CourtEllison, J.
Plaintiffs alleged an attempt to rescind a written contract of sale of a stallion by offering to return the horse, and demanding the purchase price, stating that such offer and demand were refused. They thereupon brought this action for the purchase price, the petition containing an offer to return.
It appears that defendant sold the' stallion for breeding purposes at a public auction to plaintiff Sturgis, and that certain representations of warranty were made by the auctioneer which afterwards, when the purchase price was paid, were reduced to writing, to the effect following: That the horse…
2Cases cited11 opinions
- Cahn v. ReidMissouri Court of Appeals · 1885
- Cream City Glass Co. v. FriedlanderWisconsin Supreme Court · 1893
- Estes v. ReynoldsSupreme Court of Missouri · 1882
- Taylor v. ShortSupreme Court of Missouri · 1891
- Althoff v. St. Louis Transit Co.Supreme Court of Missouri · 1907
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- King v. GuyMissouri Court of Appeals · 1957
- Butler Manufacturing Co. v. Elliott & CoxSupreme Court of Iowa · 1930
- Kesinger v. BurtrumMissouri Court of Appeals · 1956
- Stephens Industries, Inc. v. American Express Co.Missouri Court of Appeals · 1971
- Dahler v. Meistrell.Missouri Court of Appeals · 1929
6 more not listed; retrieve them via the Exa API.