Kerr v. Bell
Supreme Court of Missouri
I. The Circuit Court erred in causing the petition to be so amended as to change the issues, after the evidence had been closed, and in rendering a judgment upon the allegations of the petition, without an opportunity for defense. H. To entitle the plaintiff to recover at all the contract must be rescinded. If there was a rescission or an abandonment of the contract, John Kerr must be a party to this proceeding — either plaintiff or defendant.
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I. The Circuit Court erred in causing the petition to be so amended as to change the issues, after the evidence had been closed, and in rendering a judgment upon the allegations of the petition, without an opportunity for defense. H. To entitle the plaintiff to recover at all the contract must be rescinded. If there was a rescission or an abandonment of the contract, John Kerr must be a party to this proceeding — either plaintiff or defendant. (Teed v. Elworthy, 14 East. 210 ; Goode v. Harrison, 5. Earn. & Aid. 150 ; Thomason v. There, 10 East. 418 ; Murray v. Murray, 15 Johns. 70 ; Peters v.…
1Opinion of the CourtWagner, Judge
This was a proceeding originally instituted in Pike county Circuit Court, asking for a rescission or disaffirmance of a con*123tract, and to recover the consideration paid on the contract sought to be rescinded. The ground on which the claim to relief was based by the plaintiff was that he was a minor when he entered into the contract, and that the same was subsequently abandoned by the mutual consent of both parties.
It appears that in the year 1859 William Kerr, the plaintiff, together with John Kerr, his brother, purchased a tract of land from defendant Bell, at the price of $11,000, payable…
2Cases cited2 opinions
- Stafford v. RoofCourt for the Trial of Impeachments and Correction of Errors · 1827
- Wellman v. Dismukes & GlascockSupreme Court of Missouri · 1867
3Cited by16 opinions
- Craig v. Van BebberSupreme Court of Missouri · 1890
- Price v. BlankenshipSupreme Court of Missouri · 1898
- Merrick v. StephensMissouri Court of Appeals · 1960
- Studwell v. . ShapterNew York Court of Appeals · 1873
- Baker v. KennettSupreme Court of Missouri · 1873
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