Taylor v. Short
Supreme Court of Missouri
Error to Pettis Circuit Court. — Hon. RiohaudField, Judge. (1) Defendant, having undertaken, as the agent of plaintiffs, for the exchange of their farm, could not exchange with himself for his own property, or for property he had contracted to purchase, without first fully advising plaintiffs of such facts. Having contracted with himself and having taken the title to plaintiffs’ land to himself, is itself sufficient to entitle plaintiffs to a rescission.
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Error to Pettis Circuit Court. — Hon. RiohaudField, Judge. (1) Defendant, having undertaken, as the agent of plaintiffs, for the exchange of their farm, could not exchange with himself for his own property, or for property he had contracted to purchase, without first fully advising plaintiffs of such facts. Having contracted with himself and having taken the title to plaintiffs’ land to himself, is itself sufficient to entitle plaintiffs to a rescission. And when taken in connection with the fact that defendant wilfully concealed the fact that he was to be the purchaser, and concealed the…
1Opinion of the CourtSherwood, P. J.
This proceeding is one in equity begun in August, 1887, for the purpose of rescinding a transaction, whereby plaintiffs, who are husband and wife, exchanged a farm in Pettis county, Missouri, for a tract of land in Fannin county, Texas, and to vest in plaintiffs the title of the Pettis county farm. The exchange of lands had been effected in November, 1884, and resulted in the legal title to the Pettis county farm becoming vested in the defendant, whom the petition charges with having effected the exchange and obtained the title to the Pettis county farm by means of fraud.
The circuit court,…
2Cited by32 opinions
- Wood v. Kansas City Home Telephone Co.Supreme Court of Missouri · 1909
- Richardson v. LoweCourt of Appeals for the Eighth Circuit · 1906
- Bushnell v. LoomisSupreme Court of Missouri · 1911
- Harn v. SmithSupreme Court of Oklahoma · 1921
- Althoff v. St. Louis Transit Co.Supreme Court of Missouri · 1907
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