Bush v. Haeussler
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Ron. Leroy B. Yalliant, Judge. This action is plainly an action at law for damages for the breach of a contract, and not a suit in equity to compel the defendant to execute a trust, or to compel him to account, as trustee, for moneys received by him in a trust relation. Rush v. Haeussler, 26 Mo.
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Appeal from the St. Louis Circuit Court, Ron. Leroy B. Yalliant, Judge. This action is plainly an action at law for damages for the breach of a contract, and not a suit in equity to compel the defendant to execute a trust, or to compel him to account, as trustee, for moneys received by him in a trust relation. Rush v. Haeussler, 26 Mo. App. 265, 276. The breach of defendant’s agreement arose when he was requested by plaintiff to sell the property, and for any reason neglected or refused so to do. The measure of damages on the breach of a contract are the damages which are naturally and…
1Opinion of the CourtRombauer, P. J.
The Bank of Commerce, January 20,1881, recovered a judgment against Gustavus Hoeber for $4,720.94. The defendant, who was Hoeber’s attorney at that time, held the legal title to the real estate hereinafter mentioned ■as grantee of Hoeber, incumbered by a mortgage of five thousand dollars, and certain other trusts, which other trusts, prior to the sale hereinafter mentioned, became satisfied. Hoeber, desiring to appeal from the judgment thus rendered against him, requested the plaintiff and one Mrs. Augustine to sign his appeal bond as sureties, promising to indemnify them against loss. The…
2Cases cited1 opinion
- Bush v. HaeusslerMissouri Court of Appeals · 1887