Grumley v. Webb, 48 Mo. 562 (1871)

Citation: Grumley v. Webb, 48 Mo. 562 (1871)
Parent Document: Grumley v. Webb, 48 Mo. 562 (1871)
Jurisdiction: Missouri (state)
Effective Date: 1871-10-15
Original Source: https://www.courtlistener.com/opinion/8046745/grumley-v-webb/ ↗

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The settlement, coupled with the $6,500 payment, extinguished the plaintiff’s equitable interest in the leasehold, and left nothing for a court of chancery to act upon; and this view is amply •sustained by the decision in Hughes v. Moore, the case cited and relied upon by the plaintiff ’s counsel. Chief Justice Marshall, in pronouncing the opinion of the court in that case, said: “To the majority of the court it seems that a compensation for the loss of the title to the land must be understood as a compensation for the land itself, and that the receipt of the money by Cleon Moore [answering to Grumley in this case] would not only have barred an action for damages, hut a suit in equity for the title.,, And again: “The majority of the court is of opinion that, under the contract as stated in this count also, the payment of the money agreed to be paid would have extinguished the right of Cleon Moore [Grumley] to the land in question.” That is precisely what is claimed by the defendant in the present action, namely, that the payment of the money, under the accord, extinguished Grumley’s interest in the property, and barred a suit in equity for its recovery. The decision in Hughes v. Moore, instead of sustaining the plaintiff’s theory, completely undermines and overthrows that theory in its application to the facts of the present litigation. (See Altham’s case, 4 Coke, 305-6; Perkins v. Forniquet, 14 How. 315 ; Vedder v. Vedder, 1 Denio, 259.)

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