Corrough v. Hamill
Missouri Court of Appeals
Appeal from Nodaway Circuit Court. — Ho». William C. Ellison, Judge. (1) Now, if this court is of the same opinion as the trial court, then we confidently submit that the petition here contains every essential allegation in an acttion for- money had and received, and as sustaining if. Koopman v. Cahoon, 47 Mo. App. 357; Hull v. Watts, 95 Va. 10; 22 Enc.
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Appeal from Nodaway Circuit Court. — Ho». William C. Ellison, Judge. (1) Now, if this court is of the same opinion as the trial court, then we confidently submit that the petition here contains every essential allegation in an acttion for- money had and received, and as sustaining if. Koopman v. Cahoon, 47 Mo. App. 357; Hull v. Watts, 95 Va. 10; 22 Enc. PI., p. 770; McGee v. Bell, 170 Mo. 135; Land Co. v. Simpson, 20 S. W. (Tex.) 953.. ‘(2) Where land is sold in gross these rules seem to be well settled. Starkweather v. Benjamin, 32 Mich. 305; 2 Warvelle on Vendors, 974, 822; 3 Washburn on…
1Opinion of the CourtEllison, J.
— Plaintiff bought a tract of land of defendant lying in Nodaway county. After obtaining defendant’s warranty deed thereto plaintiff discovered a shortage in the number of acres which he thought were in the tract and which defendant told him it contained. Plaintiff thereupon brought this action for the price or value of the land he alleges he paid for and ■did not get. On trial in the circuit court the jury returned a verdict for plaintiff in the sum of $1,000, which, upon defendant’s motion, the court set aside on the ground that the petition did not state a cause of action, and plaintiff…
2Cases cited4 opinions
- McGhee v. BellSupreme Court of Missouri · 1902
- Wood v. MurphyMissouri Court of Appeals · 1892
- Davidson v. MansonSupreme Court of Missouri · 1898
- Hobein v. FrickMissouri Court of Appeals · 1897
3Cited by2 opinions
- Frisbie v. ScottMissouri Court of Appeals · 1918
- Foster v. ByrdMissouri Court of Appeals · 1906