Elmore-Schultz Grain Co. v. Stonebraker
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis." —Ron. Rhodes R. Gave, Judge. (1) Section 4780, R. S. 1907, of our statute and the following section (4781) have been several times construed by our courts, and notwithstanding the decision of this court in the case of Taylor v. Sebastian, 158 M. A. 147 this and other courts have held in the main that if, under the guise of a contract of sale, the real intent of both parties is merely to speculate.in the rise or fall of…
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Appeal from the Circuit Court of the City of St. Louis." —Ron. Rhodes R. Gave, Judge. (1) Section 4780, R. S. 1907, of our statute and the following section (4781) have been several times construed by our courts, and notwithstanding the decision of this court in the case of Taylor v. Sebastian, 158 M. A. 147 this and other courts have held in the main that if, under the guise of a contract of sale, the real intent of both parties is merely to speculate.in the rise or fall of prices, and the property is not to be delivered, but, at the time fixed for delivery, one party is to pay to the other…
1Opinion
ON MOTION FOR REHEARING.
ALLEN, J.
Respondent’s learned counsel has filed a motion for a rehearing, which challenges our holding that if the account stated is based in part upon illegal transactions then the whole is tainted with illegality and no recovery may be had thereon. But after. a careful consideration of the motion we are constrained to adhere to the conclusion reached in the opinion touching this matter.
It is argued for respondent that the rule is that where it is shown in defense to an action upon an account stated, that fraud, accident or mistake entered into the settlement, the…
2Cases cited8 opinions
- Estate of Ramsay v. WhitbeckIllinois Supreme Court · 1900
- Parke, Davis & Co. v. MullettSupreme Court of Missouri · 1912
- Bick v. SealMissouri Court of Appeals · 1891
- First National Bank of El Paso v. MillerIllinois Supreme Court · 1908
- Barr v. LakeMissouri Court of Appeals · 1910
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