Rand, McNally & Co. v. Wickham
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Cowrt. — Hon. James E. Witheow, Judge. (1) The court erred in refusing a jury trial, because the defense was that the contract was obtained by fraudulent pretenses, which is a legal defense,, and the plea shows a rescission of the contract by the appellant.
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Appeal from the St. Louis City Circuit Cowrt. — Hon. James E. Witheow, Judge. (1) The court erred in refusing a jury trial, because the defense was that the contract was obtained by fraudulent pretenses, which is a legal defense,, and the plea shows a rescission of the contract by the appellant. Mason v. Evans, Coxe, 182; Barrow v. Bespham, 6 Halst. 110; Stoever v. Weir, 10 S. & R. 25; Stubbs v. Pyle, 14 S. & R. 208. The fact that appellant prayed for a cancellation of the lease does not make the defense equitable, since on the facts there was no necessity for a resort to equity for a…
1Opinion of the CourtRombauer, P. J.
The plaintiff is an Illinois corporation, and sues the defendant for one month’s rent which it claimed was due under the terms of a written lease. The defendant admitted the execution of the lease, but denied its binding force, claiming that its execution on his part was brought about by the fraud and misrepresentations of plaintiff’s agents. The misrepresentations and facts constituting the fraud are stated in the answer as follows: The defendant was desirous of opening a restaurant in Chicago, and, with that object in view, called upon the plaintiff’s agents, who showed him certain premises…
2Cases cited7 opinions
- Allen v. LoganSupreme Court of Missouri · 1888
- Earl v. HartSupreme Court of Missouri · 1886
- Wolff v. SchaefferMissouri Court of Appeals · 1877
- Kitchen v. Cape Girardeau & State Line RailroadSupreme Court of Missouri · 1875
- James v. CloughMissouri Court of Appeals · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Babcock v. RiegerSupreme Court of Missouri · 1933
- Smyth v. BoroffMissouri Court of Appeals · 1911