Long v. International Vending Machine Co.
Missouri Court of Appeals
Appeal from. St. Louis City Circuit Court. — Hon. Geo. H. Williams, Judge. What constitutes a reasonable time in which to rescind is a question of fact for the jury and not a question of law for the court. Althoff v. Transit Co., 204 Mo. 166; Tower v. Pauly, 51 Mo.
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Appeal from. St. Louis City Circuit Court. — Hon. Geo. H. Williams, Judge. What constitutes a reasonable time in which to rescind is a question of fact for the jury and not a question of law for the court. Althoff v. Transit Co., 204 Mo. 166; Tower v. Pauly, 51 Mo. App. 83. It is essential that one seeking to rescind shal^ act promptly and at once upon obtaining information of the fraud, if fraud be the ground of rescission, indicate his disclaimer and offer to return whatever he may have received under the contract. Roark v. Trust Co., 130 Mo. App. 401; Implement Co. v. Ellis, 125 Mo. App.…
1Opinion of the CourtCaulfield, J.
(after stating the facts) — We are satisfied that the trial court did not err in giving the demurrer to plaintiff’s evidence, it affirmatively appearing that without any excuse plaintiff delayed making his election to rescind for nearly three months after discovering the details of the alleged fraud.- It is absolutely essential that the party wishing to rescind should do so immediately on discovering the bad faith of the one with whom he has dealt. [Cahn v. Reid and Bungardt, 18 Mo. App. 115, 123; Taylor v. Short, 107 Mo. 384, 393, 17 S. W. 970; Hart v. Handlin, 43 Mo. 171, 175; Lapp v. Ryan,…
2Cases cited11 opinions
- Cahn v. ReidMissouri Court of Appeals · 1885
- Taylor v. ShortSupreme Court of Missouri · 1891
- Althoff v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Hart v. HandlinSupreme Court of Missouri · 1869
- Robinson v. SipleSupreme Court of Missouri · 1895
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3Cited by10 opinions
- Hymer v. Dude Hinton Pontiac, Inc.Missouri Court of Appeals · 1960
- Emery v. G. H. Boehmer Shoe Co.Missouri Court of Appeals · 1912
- Reed v. John Gill & Sons Co.Court of Appeals of Kansas · 1919
- Rigler v. ReidMissouri Court of Appeals · 1914
- Evanston Insurance Company v. Desert State Life ManagementCourt of Appeals for the Tenth Circuit · 2022
5 more not listed; retrieve them via the Exa API.