Dalpine v. Lume
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon„ Moses N. Sale, Judge. The undisputed evidence showing a settlement based upon an “honest mistake” — in the language of the trial judge — equity will relieve against it. “A plaintiff is granted relief when it is made to appear that he has innocently and inadvertently made a mistake which has caused him injury and resulted in profit to the opposite party.” Electric Light Go. v. Surgical Ins. Go., 122 Mo.
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Appeal from St. Louis City Circuit Court. — Hon„ Moses N. Sale, Judge. The undisputed evidence showing a settlement based upon an “honest mistake” — in the language of the trial judge — equity will relieve against it. “A plaintiff is granted relief when it is made to appear that he has innocently and inadvertently made a mistake which has caused him injury and resulted in profit to the opposite party.” Electric Light Go. v. Surgical Ins. Go., 122 Mo. App. 636; Boon v. Miller, 16 Mo. 457; Wilson v. Boughton, 50 Mo. 17; Pomeroy v. Benton, 57 Mo. 542; Roontz v. Bank, 51 Mo. 278; Kraushaar v.…
1Opinion of the CourtReynolds, P. J.
(after stating the facts).
Probably with more particularity than necessary, we have set out the salient facts in the case as developed at the trial, not, however, giving figures of the basis of settlement, as in the view we take of the case that is not material. In our view of this case and of the testimony in it, the settlement arrived at between plaintiff and the defendant by which one hundred dollars were paid to plaintiff and for which he signed the receipt heretofore copied, comes more closely under the domain of a compromise of disputed matters than a case of intended settlement and…
2Cases cited4 opinions
- Whelan v. ReillySupreme Court of Missouri · 1876
- Stubbs v. MulhollandSupreme Court of Missouri · 1902
- Haydon v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1909
- Haydon v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1906
3Cited by2 opinions
- Emery Bird Thayer Dry Goods Co. v. WilliamsCourt of Appeals for the Eighth Circuit · 1938
- Black Mountain Corp. v. McGillCourt of Appeals of Kentucky (pre-1976) · 1942