Legal Opinion

Roeder v. Robertson

Supreme Court of Missouri

Decided March 28, 1907PublishedCited by 30 opinions

Appeal from Cooper Circuit Court. — Hon. James E. Hazell, Judge. (1) The contract between A. W. Stevens & Son and respondents is conceded to be void, and therefore nothing passed by its terms from the vendor to the vendees. A void sale or contract of sale is of no more legal effect than if never made.

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Appeal from Cooper Circuit Court. — Hon. James E. Hazell, Judge. (1) The contract between A. W. Stevens & Son and respondents is conceded to be void, and therefore nothing passed by its terms from the vendor to the vendees. A void sale or contract of sale is of no more legal effect than if never made. Keaney v. Vaughn, 50 Mo. 284; .1 Page on Contracts, sec. 20’. (2) The trial court committed error in refusing to declare the law as prayed by appellant in instructions 3 and 7. Hutch, on Carriers (2 Ed.), sec. 735; Woolen Mills v. Edwards, 84 Mo. App. 448. (3) The contract attempted to be…

1Opinion of the Court

'WOODSON, J.

This is a suit which was brought by appellant against the respondents, in the circuit court of Cooper county, to recover the value of an engine and threshing machine, which he alleges belonged to him and were wrongfully converted by respondents to their own use.

As there were no objections made to the pleadings, we- deem it unnecessary to state even the substance of them, since the case was submitted to the court upon an *528agreed statement of facts, except as to the value of the property.

The agreed statement of facts is as follows:

“It is admitted for the purposes of the trial of this…

2Cases cited8 opinions

  1. Daniels v. TearneySupreme Court of the United States · 1880
  2. O'BRIEN v. WheelockSupreme Court of the United States · 1902
  3. Kelerher v. HendersonSupreme Court of Missouri · 1907
  4. Vansandt v. HobbsMissouri Court of Appeals · 1900
  5. Wm. S. Merrill Chemical Co. v. NickellsMissouri Court of Appeals · 1896

3 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. State Ex Rel. Connecticut Fire Insurance v. CoxSupreme Court of Missouri · 1924
  2. State ex rel. Pacific Mutual Life Insurance v. GrimmSupreme Court of Missouri · 1912
  3. Gold Issue Mining & Milling Co. v. Pennsylvania Fire InsuranceSupreme Court of Missouri · 1916
  4. United Shoe Machinery Co. v. RamloseSupreme Court of Missouri · 1910
  5. United Shoe Machinery Co. v. RamloseSupreme Court of Missouri · 1908

25 more not listed; retrieve them via the Exa API.

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