Skinner v. Henderson
Supreme Court of Missouri
ERROR to Platte Circuit Court. It is insisted that the Court erred in excluding the evidence offered by plaintiff. The action, being for money had and received, not only was the copy admissible to show the contract, hut the evidence of Mrs. Bywaters was clearly admissible to show the rescission of the contract.
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ERROR to Platte Circuit Court. It is insisted that the Court erred in excluding the evidence offered by plaintiff. The action, being for money had and received, not only was the copy admissible to show the contract, hut the evidence of Mrs. Bywaters was clearly admissible to show the rescission of the contract. The receipts were unquestionably evidence, as was the evidence offered to show the cancellation of the contract, and that defendant had not complied with his part of the contract. Assumpsit is the proper action to bring for money had and received under a contract which has been…
1Opinion of the CourtScott, J.
This was an action of assumpsit on the general counts brought by Skinner against Henderson, in which Skinner submitted to a non suit,, and after an unsuccessful motion to set it aside, has brought the cause to this Court.
Henderson, it seems, by deed, leased to Skinner a right of preemption he possessed on the public lands, for the term of ninety-nine years, for a large sum of money. The object of the lease was to evade the act of Congress prohibiting the sale of a preemption right until the issuance o^ a patent therefor. Understanding afterwards that such an agreement was not valid, the…
2Cited by8 opinions
- Eastern Expanded Metal Co. v. Webb Granite & Construction Co.Massachusetts Supreme Judicial Court · 1907
- Inhabitants of Schell City v. L. M. Rumsey Manufacturing Co.Missouri Court of Appeals · 1890
- Stephan v. MetzgerMissouri Court of Appeals · 1902
- Ullman v. St. Louis Fair Ass'nSupreme Court of Missouri · 1902
- Adams Express Co. v. RenoSupreme Court of Missouri · 1871
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