Greenstreet v. Walsch
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — Eon. E. B. Shain, Judge. (1) A party to a contract is not required to give notice of rescission instanter or immediately upon the discovery of a fraud but may do so within a reasonable time. AlthofE v. Transit Co., 204 Mo. 170; Long v. Machine Co., 158 Mo. App. 665; Publishing Co. v. Hull, 81 Mo. App. 280; Manley v. Crescent Novelty Co., 103 Mo.
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Appeal from Pettis Circuit Court. — Eon. E. B. Shain, Judge. (1) A party to a contract is not required to give notice of rescission instanter or immediately upon the discovery of a fraud but may do so within a reasonable time. AlthofE v. Transit Co., 204 Mo. 170; Long v. Machine Co., 158 Mo. App. 665; Publishing Co. v. Hull, 81 Mo. App. 280; Manley v. Crescent Novelty Co., 103 Mo. App. 140. (2) The trial court erred in finding for the defendant on the ground that the plain- • tiff was guilty of laches in rescinding the contract. Burger v. Boardman, 254 Mo. 257;. Alger v. Keith, 105 Fed. 120;…
1Opinion of the CourtEllison, P. J.
Plaintiff filed a bill in equity in the circuit court of Pettis county to rescind a contract of purchase of a mining lease on the ground of fraud in the sale.
The contract was in the nature of an option to be exercised by plaintiff as vendee on or before the expiration of two years from July 30, 1913, the date of purchase. The price was $30,000 of which $500 was in cash, $500 in thirty days, an expenditure of $1500 in sixty days in improvements and $200 per month thereafter.
*536The fraudulent representations alleged to have been made by defendant consisted in ‘ ‘ salting the dirt ’ ’ mainly by…
2Cases cited8 opinions
- Cahn v. ReidMissouri Court of Appeals · 1885
- Taylor v. ShortSupreme Court of Missouri · 1891
- Dulaney v. RogersSupreme Court of Missouri · 1876
- Long v. International Vending Machine Co.Missouri Court of Appeals · 1911
- Harms v. WolfMissouri Court of Appeals · 1905
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