Neuman v. Friedman
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. William M. Kinsey, Judge. Where the same person is agent for both parties to a transaction without the knowledge of both, a contract made by such agent is void as to the one not having knowledge of the dual agency. McClure v. Ullman, 102 Mo. App. 697; Harper v. Fidler, 105 Mo. App. 680; Rosenthal v. Drake, 82 Mo. App. 358; Smith v. Tyler, 57 Mo. App. 668; Chapman v. Currie, 51 Mo. App. 40; DeStieger v. Hollington, 17 Mo.
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Appeal from St. Louis City Circuit Court. — Eon. William M. Kinsey, Judge. Where the same person is agent for both parties to a transaction without the knowledge of both, a contract made by such agent is void as to the one not having knowledge of the dual agency. McClure v. Ullman, 102 Mo. App. 697; Harper v. Fidler, 105 Mo. App. 680; Rosenthal v. Drake, 82 Mo. App. 358; Smith v. Tyler, 57 Mo. App. 668; Chapman v. Currie, 51 Mo. App. 40; DeStieger v. Hollington, 17 Mo. App. 382; Mechem on Agency, secs. 454, 455, 456, 461, 469, 470, 472; 31 Cyc., pp. 1431, 1432, 1572, 1573. Recission of…
1Opinion of the CourtNortoni, J.
This is a suit in equity. After hearing the proof, the court dismissed the bill without prejudice and plaintiff prosecutes an appeal from that judgment.
The suit proceeds for a rescission of a contract of sale of certain real property and prays a cancellation of a deed passed by plaintiff to defendants, Friedmans, and the reinvestment of title in her, together with a prayer for general relief. It prays a recovery too against defendant Graham on the ground of fraud. It appears plaintiff, who is an old German lady, unlearned in the English language, owned a residence on Cook avenue in the city…
2Cases cited10 opinions
- Judd v. WalkerSupreme Court of Missouri · 1908
- Holland v. AndersonSupreme Court of Missouri · 1866
- Atlee v. FinkSupreme Court of Missouri · 1881
- McDonald v. MatneySupreme Court of Missouri · 1884
- Judd v. WalkerMissouri Court of Appeals · 1905
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3Cited by4 opinions
- HARRY M. FINE REALTY COMPANY v. StiersMissouri Court of Appeals · 1959
- Johnson v. RichardsSupreme Court of Oklahoma · 1924
- Maddux v. St. Louis Union Trust Co.Missouri Court of Appeals · 1914
- Flack v. WahlMissouri Court of Appeals · 1917