McGhee v. Bell
Supreme Court of Missouri
Appeal from Benton Circuit Court. — Son. W. S. Jackson■, Special Judge. (1) Plaintiffs’ petition is without equity, and fails to state any cause of action because: (a) It attempts to force on the defendant a new contract, to which he never assented. Norton v. Bohart, 105 Mo. 631; Fruin v. Railroad, 89 Mo. 405. (b) It attempts to retain the benefits derived from a contract, and to avoid the obligations arising from the contract.
Read the full summary
Appeal from Benton Circuit Court. — Son. W. S. Jackson■, Special Judge. (1) Plaintiffs’ petition is without equity, and fails to state any cause of action because: (a) It attempts to force on the defendant a new contract, to which he never assented. Norton v. Bohart, 105 Mo. 631; Fruin v. Railroad, 89 Mo. 405. (b) It attempts to retain the benefits derived from a contract, and to avoid the obligations arising from the contract. Smith v. Busby, 15 Mo. 393; Woodward v. Van Hoy, 45 Mo. 300; Beaty v. Coal Co., 56 Mo. App. 221; Norton v. Bohart, supra; Estes v. Reynolds, 75 Mo. 563; Fruin v.…
1Opinion of the Court
In Division Two.
GANTT, J.
This is a snit in equity to enjoin the sale of plaintiffs’ land under a certain deed of trust alleged to have been procured by fraud, and for the cancellation of the same, and for general relief. The petition, omitting the caption, is as follows i
“Plaintiffs for their cause of action against defendants, state that on the-day of March, 1896, they purchased from defendant, Samuel Bell, a certain tract of land in Benton county, Missouri, described as follows, to-wit: the south part of the northwest fractional quarter of section three in township forty of range…
2Cases cited9 opinions
- Morss v. ElmendorfNew York Court of Chancery · 1844
- Real Estate Saving Inst. v. ColloniousSupreme Court of Missouri · 1876
- Dunn v. WhiteSupreme Court of Missouri · 1876
- Holland v. AndersonSupreme Court of Missouri · 1866
- Starkweather v. BenjaminMichigan Supreme Court · 1875
4 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Judd v. WalkerSupreme Court of Missouri · 1908
- Mabardy v. McHughMassachusetts Supreme Judicial Court · 1909
- Piper v. JenkinsCourt of Appeals of Maryland · 1955
- Chesapeake Homes, Inc. v. McGrathCourt of Appeals of Maryland · 1968
- Morse v. JohnsonSupreme Court of Missouri · 1980
25 more not listed; retrieve them via the Exa API.