Estes v. Reynolds
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — IIon. G. Porter, Judge. • This was an action for damages for fraud and deceit alleged by plaintiff' to have been practiced upon him by defendant in palming off' upon him certain township bonds instead of county bonds. The facts as testified to by plaintiff were, in substance, as follows: One Thurmond owed plaintiff $6,500, for which plaintiff' held a deed of trust on Thurmond’s farm.
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Appeal from Audrain Circuit Court. — IIon. G. Porter, Judge. • This was an action for damages for fraud and deceit alleged by plaintiff' to have been practiced upon him by defendant in palming off' upon him certain township bonds instead of county bonds. The facts as testified to by plaintiff were, in substance, as follows: One Thurmond owed plaintiff $6,500, for which plaintiff' held a deed of trust on Thurmond’s farm. Thurmond sold his farm to defendant, who agreed to pay the debt due plaintiff. Defendant offered to pay with Pike county bonds, which plaintiff at first refused, but finally…
1Opinion of the CourtSherwood, C. J.
It is fatal to plaintiff’s ease, that on discovering the alleged fraud and deceit upon which he bases his action, he did not promptly rescind, or offer to rescind the contract, and return or offer to return the property he acquired by reason thereof. And such rescission must be in toto. A party cannot affirm a contract in part, and repudiate'it in part. He cannot accept its benefits on the one hand, while he shirks its disadvantages on the other. He cannot play fast and loose in.the matter. Nor is he permitted to select his own time, consult his own convenience and watch the rise and fall of…
2Cases cited2 opinions
- Jarrett v. MortonSupreme Court of Missouri · 1869
- Hart v. HandlinSupreme Court of Missouri · 1869
3Cited by32 opinions
- Johnson-Brinkman Commission Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Provident Loan Trust Co. v. McIntoshSupreme Court of Kansas · 1904
- Hill v. Northern Pac. Ry. Co.Court of Appeals for the Ninth Circuit · 1902
- Althoff v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Kinne v. WebbCourt of Appeals for the Eighth Circuit · 1893
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