Austin v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonald, Judge. The evidence of plaintiff showed that no proper tender was made to defendant of the money received by her as consideration for the release. Before suing on a rescinded, fraudulent contract a tender of the consideration must be made to the party from whom it was received. Alexander v. Railroad, 54 MO'. App. 70; Winter v. Railroad, 160 Mo. 189; Retzer v. Packing Co., 58 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonald, Judge. The evidence of plaintiff showed that no proper tender was made to defendant of the money received by her as consideration for the release. Before suing on a rescinded, fraudulent contract a tender of the consideration must be made to the party from whom it was received. Alexander v. Railroad, 54 MO'. App. 70; Winter v. Railroad, 160 Mo. 189; Retzer v. Packing Co., 58 Mo. App. 270; Smith v. Kander, 85 Mo. App. 33; Vandervellen v. Railroad, 61 Fed. 58; Gould v. Cayuga Bank, 86 N. Y. 75; Jewett v. Morton, 44 Mo. 276;…
1Opinion of the CourtBland, P. J.
(after stating the facts). — An instruction in the nature of a demurrer to the evidence was offered and refused. Plaintiff made out a clear case entitling her to recover. The defense relied on was the release and the failure to tender back the ten dollars paid. In respect to the tender, the evidence is that pending a former suit on the same cause of action, plaintiff’s attorney went to the office of the attorney of record for the defendant in the former suit and offered to pay him the ten dollars and stated to the attorney that if he would not accept the tender he would go to the general…
2Cases cited11 opinions
- Clark v. HammerleSupreme Court of Missouri · 1858
- Gordon v. BurrisSupreme Court of Missouri · 1899
- Perrette v. Kansas CitySupreme Court of Missouri · 1901
- State v. McKinzieSupreme Court of Missouri · 1890
- Lesser v. St. Louis & Suburban Railway Co.Missouri Court of Appeals · 1900
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- McIntyre v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1921
- Johnson v. Springfield Traction Co.Missouri Court of Appeals · 1913
- Cambest v. McComas Hydro-Electric Co.Missouri Court of Appeals · 1922
- Reding v. RedingMissouri Court of Appeals · 1910
- Asbill v. City of JoplinMissouri Court of Appeals · 1910
1 more not listed; retrieve them via the Exa API.