McGrew v. Smith
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Haywood Scott, Judge. (1) The plaintiff could not recover on the theory that the contract had been rescinded prior to the institution of the suit. Wright v. Yetter, 54 Mb. App. 384; Poe v. Stockton, 39 Mo. App. 550; Walls v. Gates, 4 Mo. App. 5; Spangler v. Kite, 47 Mo. App. 231; Cahn v. Reid, 18 Mo.
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Appeal from Jasper Circuit Court. — Hon. Haywood Scott, Judge. (1) The plaintiff could not recover on the theory that the contract had been rescinded prior to the institution of the suit. Wright v. Yetter, 54 Mb. App. 384; Poe v. Stockton, 39 Mo. App. 550; Walls v. Gates, 4 Mo. App. 5; Spangler v. Kite, 47 Mo. App. 231; Cahn v. Reid, 18 Mo. App. 115; Crumb v. Wright, 97 Mo. 13. (2) The only theory upon which this suit could be maintained, under the evidence, was that the plaintiff was entitled to a rescission of the contract by a decree in equity, in which judgment could have been rendered…
1Opinion of the CourtJohnson, J.
This suit was brought before a justice of the peace to recover money paid by plaintiff to defendant on the purchase price of certain town lots which plaintiff claims he was induced to purchase by false and fraudulent representations made to him by defendant. The statement filed with the justice is in two counts but our concern is only Avith the cause of action pleaded in the first count. A trial in the circuit court where the cause was taken by appeal resulted in a verdict and judgment for plaintiff in the sum of $90.
Material facts disclosed by the evidence of plaintiff are as follows:…
2Cases cited1 opinion
- Cahn v. ReidMissouri Court of Appeals · 1885
3Cited by2 opinions
- Tinnon v. TanksleySupreme Court of Missouri · 1966
- Noel v. HughesMissouri Court of Appeals · 1911