Small v. Speece
Missouri Court of Appeals
Appeal from Stone Circuit Court. — Eon. John T. Moore, Judge. As the testimony of defendant and his wife shows that they wére induced to purchase the piano in question under and by reason of false misrepresentations and statements of Stephens, and that they relied on same, and as soon as they discovered the fraud within a day or two, they notified appellant of the fact and offered to place him in as good position as they found him, by offering to return the piano and also to…
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Appeal from Stone Circuit Court. — Eon. John T. Moore, Judge. As the testimony of defendant and his wife shows that they wére induced to purchase the piano in question under and by reason of false misrepresentations and statements of Stephens, and that they relied on same, and as soon as they discovered the fraud within a day or two, they notified appellant of the fact and offered to place him in as good position as they found him, by offering to return the piano and also to pay some additional money, which appellant refused. Having done this they could do no more, they chose to rescind the…
1Opinion of the CourtGoode, J.
Respondent purchased from appellant’s agent the piano which is the subject-matter of the present case in replevin. The action was begun December 18, 1905, before a justice of the peace and was afterwards' appealed and tried anew in the circuit court. The sale of the piano occurred September 4, 1905, the purchase price being $350, of which $100 was paid in cash and five notes of $50, due at successive periods and secured by a chattel mortgage on the piano, were given for the balance. The mortgage provided that on default in payment of any part of the debt, appellant might declare the whole…
2Cases cited9 opinions
- McCormick Harvesting Machine Co. v. HillMissouri Court of Appeals · 1904
- Ames Iron Works v. ReaSupreme Court of Arkansas · 1892
- Aultman & Co. v. ForgeyIndiana Court of Appeals · 1894
- Sandige v. HillMissouri Court of Appeals · 1897
- Anthony v. CarpCourt of Appeals of Kansas · 1901
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3Cited by4 opinions
- Riss Company, Inc. v. WallaceSupreme Court of Missouri · 1943
- Ruth v. McPhersonMissouri Court of Appeals · 1910
- Connecticut Mutual Life Insurance v. CarsonMissouri Court of Appeals · 1914
- Untitled Texas Attorney General Opinion, Texas Attorney General Reports1947