Haydon v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Son. Jamies T. Seville, Judge. (1) A proceeding for a rescission of a contract is a different thing from one which is based upon a rescission. In a proceeding as for a rescission, a party may offer in his complaint to restore, unless he shows he is entitled to retain what he has received.
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Appeal from Greene Circuit Court. — Son. Jamies T. Seville, Judge. (1) A proceeding for a rescission of a contract is a different thing from one which is based upon a rescission. In a proceeding as for a rescission, a party may offer in his complaint to restore, unless he shows he is entitled to retain what he has received. And when a party seeking the aid of a court of equity to rescind a contract, offers to conform to such orders of the court as may be deemed just and equitable, his bill is not demurrable for a want of an offer to restore the consideration. Paquin v. Miliken, 163 Mo. 104,…
1Opinion of the CourtBland, P. J.
Omitting caption, the petition is as follows:
“Your petitioners for their third amended petition respectfully represent unto this honorable court that on the first day of September, 1899, they entered into a contract with the St. Louis '& San Francisco Railroad Company, a corporation organized under the laws of Missouri, in words and figures as follows:
“ Margaret C. Haydon and W. J. Haydon, her husband, plaintiffs, v. The City of Springfield and John F. Meyer & Sons, defendants.
*81“ ‘Margaret C. Haydon and W. J. Haydon, her husband, plaintiffs, v. The St. Louis & San Francisco' Railroad Company…
2Cases cited9 opinions
- Kirchner v. New Home Sewing MacHine Co.New York Court of Appeals · 1892
- Kley v. . HealyNew York Court of Appeals · 1891
- Girard v. St. Louis Car Wheel Co.Supreme Court of Missouri · 1894
- Block v. MorrisonSupreme Court of Missouri · 1892
- Butler v. Richmond & Danville RailroadSupreme Court of Georgia · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Modern Woodmen of America v. AngleMissouri Court of Appeals · 1907
- Haydon v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1909
- Jones v. PetersonSupreme Court of Missouri · 1934
- Masters v. Van WartSupreme Judicial Court of Maine · 1926
- Barnett, Haynes & Barnett v. Colonial Hotel Building Co.Missouri Court of Appeals · 1909
4 more not listed; retrieve them via the Exa API.