Baldwin v. Scott County Milling Co.

1 Citing case

  1. Staples v. O'Reilly

    288 S.W.2d 670 (Mo. Ct. App. 1956)   Cited 18 times

    Passing any question of pleading resulting from failure to charge either fraud or mistake in the counterclaim, the validity of defendants' argument depends, in the final analysis, upon acceptance of defendants' evidence that O'Reilly, intending to pay the Godfrey note, did not enter Jarvis' place of business but waited outside, and that O'Reilly accepted the note (marked "paid" by George upon his return) in the mistaken belief, induced by George's misrepresentation, that it was the Godfrey note when it actually was the $2,900 Oliver note. Certainly, plaintiff's evidence affords no foundation for a finding of either fraud or mutual mistake. Baldwin v. Scott County Milling Co., 343 Mo. 915, 122 S.W.2d 890, 895(6), reversed on another ground 307 U.S. 478, 59 S.Ct. 943, 83 L.Ed. 1409, rehearing denied 308 U.S. 631, 60 S.Ct. 65, 84 L.Ed. 526; Ferguson v. Butler County, 297 Mo. 20, 247 S.W. 795, 796(2), 26 A.L.R. 1519; American Brewing Co. v. City of St. Louis, 187 Mo. 367, 376, 86 S.W. 129, 131; Claflin v. McDonough, 33 Mo. 412, 415; R. S. Jacobs Banking Co. v. Federal Reserve Bank, Mo.App., 34 S.W.2d 173, 183(3); Columbia Building Loan Ass'n v. Gill, Mo.App., 285 S.W. 181, 182(4); Pritchard v. People's Bank of Holcomb, 198 Mo.App. 597, 200 S.W. 665, 666(1). Since defendants charge "a mutual mistake," we do not discuss the right to recover on a unilateral mistake.