70 Mo. App. 126 | Mo. Ct. App. | 1897
The decree of the court was for plaintiffs and to the effect that the twenty-nine notes for $10 each and one note for $15 given by plaintiffs to Theodore Griffin and owned by the defendant be canceled; and that plaintiffs recover of defendant $185.79, the amount of purchase money due by defendant to plaintiffs for the purchase of the latter’s store by the former, etc. The defendant has appealed.
It appears from the evidence contained in the record before us that plaintiffs sold defendant a small confectionery store in Kansas City for $225, and of this amount the defendant paid $60 in cash and gave his
The decisive question in this case is whether said Waldron was a bona ficle purchaser of this soda fountain or whether he puiohased it at the instance and for and in the interest of the defendant.
The evidence conclusively shows that Waldron did not purchase the soda fountain for himself but for the defendant. Immediately after the purchase he made a bill of sale of it to the defendant, wherein the consideration expressed was the same amount as that he had successfully bid for it at the mortgagee’s sale. While there is some conflict in the testimony it satisfies us that Waldron was acting for defendant in making the purchase and that he paid nothing, made nothing, and lost nothing himself by the transaction.
It is true the verbal agreement was without consideration, but it was nevertheless admissible along with the other evidence as tending to show actual fraud on the part of defendant.
Without reviewing the evidence at length it .is sufficient to say that the sale was not inpregriable to assault by plaintiffs either on the ground of fraud in law or fraud in fact. It appears from the evidence that the defendant had sold and made way with the soda machine so that he could not have produced it. had he been so required to do by the order of the court. We are unable to discover from so much of the record as is before us in one of the two consolidated cases in which the decree was rendered that the court committed error.
The decree as we understand it is for the right party and must' be affirmed.