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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Then again, the second suit indicated a claim of considerable gravity; $7,000 was claimed, and the claim did not appear to be extravagant for a dozen houses. But it is now shown, and by one of the plaintiff’s witnesses (Rhodes), that the buildings sued for, in their then condition, were cheap and nearly worthless structures. • He values them at from $50 to $100 each, and he says there were twelve or fourteen of them. Suppose they were worth, in the aggregate,- $1,500 ; that’sum added to $4,089.19 makes $5,589.19, and this latter sum represents the total of the plaintiff’s claims, under both suits, as those claims stood on the day of the settlement —Bigham & Webb being credited their commissions, and no interest being computed on either side. *584The balance of interest was in favor of the plaintiff, although Bigham & Webb were considerably in advance in the earlier stages of the account. These facts were all known to the plaintiff when he received the $6,500 and gave a receipt, expressed to be in full of all claims and demands, and the receipt was explained to him by Col. Broadhead, who knew that all the claims in litigation were included in the settlement according to his Understanding of it, and according to the understanding of the counsel of the opposite party. Did’ he succeed in making his client understand the receipt as he understood it ?

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