Haydon v. St. Louis & San Francisco Railroad
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. (1) A proceeding for a rescission of a contract is a different thing from one which is based npon a rescission. In a proceeding as for a rescission, a party may offer in Ms complaint to restore, unless he shows he is entitled to retain what he has received.
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Transferred from St. Louis Court of Appeals. (1) A proceeding for a rescission of a contract is a different thing from one which is based npon a rescission. In a proceeding as for a rescission, a party may offer in Ms complaint to restore, unless he shows he is entitled to retain what he has received. And when a party seeking the aid of a court of equity to rescind a contract offers to conform to such, orders of the court as may he deemed just and equitable, his bill is not demurrable for a want of an offer to restore the consideration. Paquin v. Milliken, 163 Mo. 104; Lincoln Trust Co. v.…
1Opinion of the CourtLamm, P. J.
In 1902 plaintiffs sued in the Greene Circuit Court in equity for the cancellation óf a certain contract, and a deed made pursuant. Such contract and deed evidenced a compromise arrangement between plaintiffs and defendant whereby damages in tort, past, present and prospective, were released. Accordingly, in addition to rescission, plaintiffs sought to recover not only the damages compromised but damages for a continuance of the wrong (the maintenance of a switch track and switching and standing cars thereon) down to the date of suit — laid at $3,000 actual, and $1,000 punitive.
When…
2Cases cited17 opinions
- Farmers' Loan & Trust Co. v. GalesburgSupreme Court of the United States · 1890
- Lincoln Trust Co. v. NathanSupreme Court of Missouri · 1903
- Moore v. WingateSupreme Court of Missouri · 1873
- Balz v. NelsonMissouri Court of Appeals · 1903
- Kline v. VogelSupreme Court of Missouri · 1886
12 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Rains v. MoulderSupreme Court of Missouri · 1936
- McCullough v. NewtonSupreme Court of Missouri · 1961
- Chouteau v. City of St. LouisSupreme Court of Missouri · 1932
- Mott v. MorrisSupreme Court of Missouri · 1913
- City of University City v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1941
19 more not listed; retrieve them via the Exa API.