Watson Fireproof Window Co. v. Henry Weiss Cornice Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court.— Eon. Thos. J. Seehorn, Judge. (1) "Where a contract is induced by fraud the defrauded party can, upon discovery of the fraud, rescind the contract. Miller v. Crigler, 83 Mo. App. 401, and cases there cited. (2) Such a rescission is a rescission in toto and may be interposed as a defense in any action brought on the contract. Page on Contracts (1905), Section 136 ; Cecil v. Burger, 32 Mo. 462; Zang. v. Adams, 23. Colo.. 408, S. C. 58 Am.
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Appeal from Jackson Circuit Court.— Eon. Thos. J. Seehorn, Judge. (1) "Where a contract is induced by fraud the defrauded party can, upon discovery of the fraud, rescind the contract. Miller v. Crigler, 83 Mo. App. 401, and cases there cited. (2) Such a rescission is a rescission in toto and may be interposed as a defense in any action brought on the contract. Page on Contracts (1905), Section 136 ; Cecil v. Burger, 32 Mo. 462; Zang. v. Adams, 23. Colo.. 408, S. C. 58 Am. St. Rep. 249; Och v. Railway Co., 130 Mo. 27.
1Opinion of the CourtJohnson, J.
This action was begun August 7, 1912, in the circuit court of Jackson county, to recover royalties under a license dated November 1, 1910, authorizing defendant, a manufacturer in Kansas City, to make and sell a certain kind of metal window sash covered by letters patent issued in 1902, and owned by plaintiff. The petition alleges that in consideration of the license defendant agreed to pay plaintiff “as a royalty for the right and license to manufacture and sell such windows the sum of two cents per square foot contained in such windows so manufactured and sold . . . and . . . should make…
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- Springfield Seed Co. v. WaltMissouri Court of Appeals · 1902
- Turner v. MellierSupreme Court of Missouri · 1875
- Shultz v. ChristmanMissouri Court of Appeals · 1878
- Birdsall v. PeregoU.S. Circuit Court for the District of Northern New York · 1865
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- Newburg State Bank v. HeflinMissouri Court of Appeals · 1915
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