Lanyon v. Chesney
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. Jas. T. Ne-ville, Judge. (1) The facts in defendants’ answer afforded cause for relief either by rescission or damages or in diminution of the price to he paid by defendants for the premises. Liese v. Meyer, 143 Mo. 555; McGrew v. Railroad, 87 Mo. App. 250; Haeusler v. Holman Co., 49 Mo. App. 636; Bevin v. Powell, 11 Mo.
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Appeal from Greene Circuit Court. — Hon. Jas. T. Ne-ville, Judge. (1) The facts in defendants’ answer afforded cause for relief either by rescission or damages or in diminution of the price to he paid by defendants for the premises. Liese v. Meyer, 143 Mo. 555; McGrew v. Railroad, 87 Mo. App. 250; Haeusler v. Holman Co., 49 Mo. App. 636; Bevin v. Powell, 11 Mo. App. 216, 83 Mo. 365. (2) Aside from our statute of set-offs and counter-claims, appellants are entitled to protection from the consequences of such a vacation dismissal as the one in question here. Browning v. Chrisman, 30 Mo. 353;…
1Opinion of the CourtBurgess, J.
This case was before this court upon a former appeal by defendants, and will be found reported in 186 Mo. 540, where a full and fair statement of all the facts of the case upon, to and including the first trial, is given by Judge Fox who wrote the opinion in the case. The judgment was then reversed and the cause remanded.
The cause was then pending in the circuit court of Jasper county, but after the filing of the mandate of the Supreme Court in the circuit court of that county the venue of the cause, on the application of defendants, was changed to Greene county. After the transcript of the…
2Cases cited12 opinions
- Vogler v. MontgomerySupreme Court of Missouri · 1874
- Gott v. PowellSupreme Court of Missouri · 1867
- Pullis v. Pullis Bros. Iron Co.Supreme Court of Missouri · 1900
- Nordmanser v. HitchcockSupreme Court of Missouri · 1867
- Jones v. MooreSupreme Court of Missouri · 1868
7 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Chandler v. Chicago & Alton RailroadSupreme Court of Missouri · 1913
- State Ex Rel. Abeille Fire Insurance v. SevierSupreme Court of Missouri · 1934
- State ex rel. Harvey v. WrightSupreme Court of Missouri · 1913
- Hurst Automatic Switch & Signal Co. v. Trust CompanySupreme Court of Missouri · 1921
- State v. AndersonSupreme Court of Missouri · 1913
16 more not listed; retrieve them via the Exa API.