Landon v. Tucker
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Éon. Edward P. Gates, Judge. (1) The finding and judgment of the court is contrary to the evidence in that the evidence showed conclusively that there was no demand for the irritant. That the irritant in question, was harmful in its nature, and that it would burn or harm the patient upon its application through the apparatus aforesaid.
Read the full summary
Appeal from Jackson Circuit Court. — Éon. Edward P. Gates, Judge. (1) The finding and judgment of the court is contrary to the evidence in that the evidence showed conclusively that there was no demand for the irritant. That the irritant in question, was harmful in its nature, and that it would burn or harm the patient upon its application through the apparatus aforesaid. That the territory embraced in the contracts had been canvassed, and that respondents did not comply with their contract by disclosing to appellant the correct formula from which the irritant was prepared. Brewing…
1Opinion of the CourtEllison, J.
This action was begun by bill in equity for rescission of two like contracts for the sale of a right, one to the State of Missouri, and one to Kansas, of a patented formula and apparatus known q,s a counter irritant for the relief of neuralgia, headache and other pains. Three thousand dollars was paid by plaintiff to the defendant bank as consideration for the purchase and that sum was to be held by the bank until defendant Tucker, the patentee, procured the proper reassignment from the defendant Robens, to whom assignments had been made. The bill included a prayer for a return of that money…
2Cases cited6 opinions
- Cahn v. ReidMissouri Court of Appeals · 1885
- Melton v. SmithSupreme Court of Missouri · 1877
- Hart v. HandlinSupreme Court of Missouri · 1869
- Pierce Steam Heating Co. v. A. Siegel Gas Fixture Co.Missouri Court of Appeals · 1895
- Champion Funding & Foundry Co. v. HeskettMissouri Court of Appeals · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Long v. International Vending Machine Co.Missouri Court of Appeals · 1911
- Noel v. HughesMissouri Court of Appeals · 1911
- Heath v. TuckerMissouri Court of Appeals · 1911