Quarles v. S. H. Hall & Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — How. James Gibson, Judge. (1) They parted with nothing when they received it, and they have parted with nothing since they received it. If they return the money to Quarles they are out absolutely nothing; they are just where they started. If they are allowed to retain it, Quarles is out $200, for which he gets absolutely nothing. Hall & Co. are obliged by the ties of natural justice and equity to refund this money to Quarles.
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Appeal from Jackson Circuit Court. — How. James Gibson, Judge. (1) They parted with nothing when they received it, and they have parted with nothing since they received it. If they return the money to Quarles they are out absolutely nothing; they are just where they started. If they are allowed to retain it, Quarles is out $200, for which he gets absolutely nothing. Hall & Co. are obliged by the ties of natural justice and equity to refund this money to Quarles. Clark v. Bank, 57 Mo. App. 285; Winningham v. Paneher, 52 Mo. App. 4-63; Chase v. Mercantile Co., 63 Mo. App. 182. To respondent it…
1Opinion of the CourtBroaddus, J.
This is an action begun by attachment before a justice of the peace a trial of which resulted in a judgment for the plaintiff. The petition alleged: “That on the 8th day of November, 1897, plaintiff paid to said defendant, as part purchase price of two car-loads of potatoes, the sum of $200. That said defendant, failed, neglected and refused to deliver said potatoes or any part thereof; that plaintiff had repeatedly demanded of him payment of said $200 and that said defendant, notwithstanding said demands, has failed, neglected and refused to pay the same or any part thereof to plaintiff or…
2Cases cited3 opinions
- Clark v. First National BankMissouri Court of Appeals · 1894
- Henderson v. BottsMissouri Court of Appeals · 1894
- Chase v. Willman Mercantile Co.Missouri Court of Appeals · 1895
3Cited by1 opinion
- Lively v. Ridgewood Construction Corp.Missouri Court of Appeals · 1963