Harms v. Wolf
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Moses N. Sale, Judge. Dealing with the fraudfeasor respecting the subject-matter of the fraud, after discovering it, is fatal to the right of repudiation. Taylor v. Short, 107 Mo. 384; Overton v. Brown, 63 Mo'. App. 49; Stokes v. Burns, 132 Mo. 214. It is the general rule of the law, that a party who would .rescind a contract which has been induced by fraud, must act promptly and make his election to rescind.
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Appeal from St. Louis City Circuit Court. — Eon. Moses N. Sale, Judge. Dealing with the fraudfeasor respecting the subject-matter of the fraud, after discovering it, is fatal to the right of repudiation. Taylor v. Short, 107 Mo. 384; Overton v. Brown, 63 Mo'. App. 49; Stokes v. Burns, 132 Mo. 214. It is the general rule of the law, that a party who would .rescind a contract which has been induced by fraud, must act promptly and make his election to rescind. Paquin v. Milliken, 163 Mo. 79; World Pub. Co. v. Hull, 81 Mo. App. 277. The language of the cases on recission of contracts on ground of…
1Opinion of the CourtGoode, J.
Plaintiff is the administrator of the estate of his deceased wife, Louise Harms, who died November 20, 1902. The deceased carried on a dry-goods store on Lee avenue in the city of St. Louis, and was a customer of the defendant, who manufactures and sells shirts at 815 Washington avenue in said city. A few days after the death of Mrs. Harms, the defendant, by letter, offered to advise plaintiff or render any assistance he could in settling her affairs. Harms is a German, unfamiliar with the English language and stood in need of friendly assistance. He likewise needed legal counsel in…
2Cases cited3 opinions
- Cahn v. ReidMissouri Court of Appeals · 1885
- Hart v. HandlinSupreme Court of Missouri · 1869
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