Forest v. Rogers
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — Hon.. Louis Hoffman, Judge. (1) This is purely an action for money, had and received, and the question of an expressed trust is in no way involved. (2) Parties litigant are not allowed to assume inconsistent positions in court. . . Having elected to adopt a certain course of action, they will be confined to that course which they adopt. Bensieck v. Cook, 110 Mo. 173. A party is confined on appeal to the positions he took during the trial.
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Appeal from Pettis Circuit Court. — Hon.. Louis Hoffman, Judge. (1) This is purely an action for money, had and received, and the question of an expressed trust is in no way involved. (2) Parties litigant are not allowed to assume inconsistent positions in court. . . Having elected to adopt a certain course of action, they will be confined to that course which they adopt. Bensieck v. Cook, 110 Mo. 173. A party is confined on appeal to the positions he took during the trial. Cady v. Coates, 101 Mo. App. 147; Hall v. Goodnight, 138 Mo. 576. (3) The oral testimony was not objected to and as the…
1Opinion of the CourtBroaddus, P. J.
This is a suit by plaintiff to recover the sum of $450, which he claims the defendant received as his agent, as the consideration for the sale of a house and lot belonging to plaintiff.
The case is as follows: The plaintiff’s property was encumbered by two deeds of trust, to secure the payment of two notes aggregating the sum of $650. The plaintiff concluded on account of his health, to leave Sedalia where he resided and where the property was situated, and go to California, and before leaving, he employed defendant to look after the rent of his property and sell the same. It was agreed…
2Cases cited7 opinions
- Bensieck v. CookSupreme Court of Missouri · 1892
- Hall v. GoodnightSupreme Court of Missouri · 1897
- Hillman v. AllenSupreme Court of Missouri · 1898
- Rector of Mount Calvary Church v. AlbersSupreme Court of Missouri · 1903
- Heil v. HeilSupreme Court of Missouri · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- National Surety Corporation, a Corporation v. Curators of University of Missouri Ex Rel. Paul Mueller Company, a CorporationCourt of Appeals for the Eighth Circuit · 1959
- Thrift Realty Co. v. CommissionerUnited States Board of Tax Appeals · 1933
- Thrift Realty Co. v. CommissionerUnited States Board of Tax Appeals · 1933