McClure v. Ullman
Missouri Court of Appeals
Appeal from Greene Circuit Court. — ¿Am. J. T. Neville, Judge. (1) The peremptory instruction given by the court was based on the theory that plaintiff’s husband was. acting in her behalf to buy, and also as agent of Dr, Ullman to sell, and that the contract made by defendant could not, therefore, be enforced; that such fact invalidates the contract. To this view there are several answers, each sufficient and complete, (a) There was no such defense made in the pleadings.
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Appeal from Greene Circuit Court. — ¿Am. J. T. Neville, Judge. (1) The peremptory instruction given by the court was based on the theory that plaintiff’s husband was. acting in her behalf to buy, and also as agent of Dr, Ullman to sell, and that the contract made by defendant could not, therefore, be enforced; that such fact invalidates the contract. To this view there are several answers, each sufficient and complete, (a) There was no such defense made in the pleadings. The answer was a general denial only, and the rule is “If defendant intends to rely upon any matter which goes to defeat or…
1Opinion of the CourtBland, P. J.
(after stating the facts as above).— The court took the case from the jury on the ground that the evidence showed MiltonMcClure perpetrated a fraud on defendant in acting'as agent for both seller and purchaser and for having a secret interest in the purchase. That the evidence disclosed double agency and the practice of deception on defendant, there is no doubt, and it is hardly to be doubted that had McClure disclosed to the defendant his, true relation to the transaction, the contract would not have been entered into by defendant. The temptation to commit fraud is too great to permit one to…
2Cases cited19 opinions
- Rice v. WoodMassachusetts Supreme Judicial Court · 1873
- Halsey v. MorteiroSupreme Court of Virginia · 1896
- Hafner v. HerronIllinois Supreme Court · 1896
- Scribner v. CollarMichigan Supreme Court · 1879
- Atlee v. FinkSupreme Court of Missouri · 1881
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3Cited by7 opinions
- Smith v. PiperMissouri Court of Appeals · 1967
- HARRY M. FINE REALTY COMPANY v. StiersMissouri Court of Appeals · 1959
- Neuman v. FriedmanMissouri Court of Appeals · 1911
- Winter v. CareyMissouri Court of Appeals · 1907
- Hughes v. FoltzMissouri Court of Appeals · 1910
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