Phelps v. Jones
Missouri Court of Appeals
Appeal from Livingston Circuit Court. — Eon. Francis E. Trimble, Judge. (1) Tbe court erred in refusing instructions numbered 2, asked by appellant, there is no evidence in the case upon which the respondent is entitled to recover, and upon the whole evidence the judgment should have been for appellant. Anltman & Co. v. Gaggs, 50 Mo.
Read the full summary
Appeal from Livingston Circuit Court. — Eon. Francis E. Trimble, Judge. (1) Tbe court erred in refusing instructions numbered 2, asked by appellant, there is no evidence in the case upon which the respondent is entitled to recover, and upon the whole evidence the judgment should have been for appellant. Anltman & Co. v. Gaggs, 50 Mo. App. 280. Before rescinding respondent should put appellant m statu quo, by paying all sums appellant bad been out; appellant bad paid freight on machine and employed a plumber to install machine, but respondent has never repaid appellant nor offered to do so.…
1Opinion of the CourtJohnson, J.
This suit was brought before a justice of the peace to recover the purchase price of a gas *226machine sold and delivered by plaintiff to defendant. The defense is a rescission of the contract of sale (which was in writing) on the ground of fraud. A jury was waived in the circuit court and the trial there resulted in a judgment for defendant. Plaintiff appealed.
Defendant admits he signed the contract on which the action is founded, but says he did not read it and contends that it does not express the real agreement made by the parties. The court properly rejected the defenses predicated on…
2Cases cited9 opinions
- Cahn v. ReidMissouri Court of Appeals · 1885
- Wannell v. KemSupreme Court of Missouri · 1874
- Barnard v. DuncanSupreme Court of Missouri · 1866
- United Breeders Co. v. WrightMissouri Court of Appeals · 1909
- Champion Funding & Foundry Co. v. HeskettMissouri Court of Appeals · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Stratton v. DuddingMissouri Court of Appeals · 1912