Lewis v. Muse
Missouri Court of Appeals
Appeal from Howell Circuit Court. — Hon. W. N. Evans, Judge. Whether plaintiff willfully or ignorantly misrepresented the number of acres he was selling to appellant is wholly immaterial. The amount in either case may be recovered back in an action at law in the nature of an action for money had and Received. 1 Beach, Modern Law of Contract, sec. 660, and cases cited; Budd v. Eyerman, 10 Mo. App. 437; Ashley v. Jennings, 48 Mo. App. 142; Davis v. Krum, 12 Mb.
Read the full summary
Appeal from Howell Circuit Court. — Hon. W. N. Evans, Judge. Whether plaintiff willfully or ignorantly misrepresented the number of acres he was selling to appellant is wholly immaterial. The amount in either case may be recovered back in an action at law in the nature of an action for money had and Received. 1 Beach, Modern Law of Contract, sec. 660, and cases cited; Budd v. Eyerman, 10 Mo. App. 437; Ashley v. Jennings, 48 Mo. App. 142; Davis v. Krum, 12 Mb. App. 279; Yater v. Hinds, 24 Mo. App. 619. Parol evidence is inadmissible to vary the written contract. Hobein v. Prick, 69 Mo. App.…
1Opinion of the CourtGoode, J.
This action was instituted on a promissory note dated September 1,1904, by which defendant promised to pay on July 1, 1906, to the order of plaintiff, $150 with interest at the rate, of eight per cent per annum. The execution of the note was admitted and in defense it was alleged that on August 30, 1904, defendant rented from plaintiff a farm in Howell county represented by plaintiff to contain two hundred acres of land in cultivation, on which representation defendant relied and agreed to pay $1.50 an acre cash rent for the premises or $300 in all; that defendant paid half said rent, or…
2Cases cited13 opinions
- Tracy v. Union Iron Works Co.Supreme Court of Missouri · 1891
- Kostuba v. MillerSupreme Court of Missouri · 1897
- Melton v. SmithSupreme Court of Missouri · 1877
- Hart v. HandlinSupreme Court of Missouri · 1869
- Rommel v. WingateMassachusetts Supreme Judicial Court · 1869
8 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Dyer v. CowdenMissouri Court of Appeals · 1913
- Jenkins v. Springfield Reduction & Chemical Co.Missouri Court of Appeals · 1913