White v. McCoy Land Co.

• Decision Date: 24 June 1935
• Docket Number: No. 18377.,18377.
• Citation: 87 S.W.2d 672
• Parties: GRACE WHITE, RESPONDENT, v. McCOY LAND, COMPANY, APPELLANT.
• Court: Missouri Court of Appeals

87 S.W.2d 672

GRACE WHITE, RESPONDENT, v. McCOY LAND, COMPANY, APPELLANT.

No. 18377.

Kansas City Court of Appeals. Missouri.

June 24, 1935.

Rehearing denied October 7, 1935.

Appeal from Circuit Court of Jackson County. — Hon. Brown Harris, Judge.

AFFIRMED.

Roy W. Rucker and Fred J. Wolfson for respondent.

Scarritt, Jones & North for appellant.

SHAIN, P.J.

This is an action predicated upon duress. The respondent, hereinafter referred to as the plaintiff, sued the appellant, hereinafter referred to as the defendant, and seeks to recover for money alleged to have been received by defendant from plaintiff by means of extortion, coercion and duress.

It appears from the record herein that on March 23, 1931, the County Court of Jackson County adopted a resolution to submit to the qualified voters proposals to issue certain bonds. On April 21, 1931, said county court adopted a resolution to submit said proposals to the voters at a special election to be held on May 26, 1931. Among these proposals was one "to issue bonds in the sum of $4,000,000 for the purchase of a site and building of a courthouse, in which there should be incorporated a jail, in Kansas City, Missouri, and furnishing and equipping the same." This election was held with the result that the proposal to issue said bonds was carried.

On January 2, 1932, the county court entered an order appointing F.C. Gunn to superintend the erection of the Kansas City courthouse and jail building, and also authorizing him to proceed to select a site for said courthouse and jail building, in Kansas City, Missouri. The superintendent upon the filing of the order appointing him, instantly filed his oath of office.

Thereafter, said F.C. Gunn made selection of a site, in Kansas City, Missouri, consisting of a block of ground bounded on the north by Twelfth Street, on the west by Oak Street and on the east by Locust Street, and on the south by Thirteenth Street. Thereafter, said Gunn duly filed his report and same was approved.

Thereafter, and on January 9, 1932, the defendant herein, as plaintiff therein, brought a suit in equity in the Circuit Court of Jackson County, Missouri, against members of the county court and others to enjoin the issuance and sale of the courthouse bonds and the levying of taxes for the payment thereof. This suit was brought in the Independence Division of the Circuit Court of Jackson County, Missouri.

Thereafter, change of venue was taken and the cause sent to the Circuit Court in Kansas City, Missouri.

Thereafter, demurrer to plaintiff's petition in said equity suit was filed and thereafter was sustained. Thereafter amended petition, entitled "A taxpayer's suit to enjoin the levy of unlawful taxes," was filed.

The record is not clear as to when this amended petition was filed. It appears that motion to strike out portions of this amended petition was passed upon April 6, 1932. It is, however, clearly shown that the pleadings in this equity suit were not made up until April 18, 1932. The record shows that the equity suit was taken up by the court on May 5, 1932, and record was entered as follows:

"Now on this day this cause coming on for trial as an equity cause come the parties, the cause is submitted, and the court take this cause under advisement."

The defendant in its brief herein designates the above suit as, "A typical taxpayer's suit against the county court and others." The pleadings in that suit attacked the legality of the bond issue; alleged that the judges of the county but made pretense of complying with the statutes; that the members of the court were moved by considerations other than that of obedience to law and with wisdom and consideration of the rights and privileges of citizens and taxpayers and that they did collusively and clandestinely agree between themselves, and with a person to be named as superintendent, to have the courthouse located as aforestated as located. The petition is set out in the record and consists of twenty-nine pages. We conclude that for the purposes of the issues of this case the above brief summary will suffice, with the exception of a quotation stating the general alleged purposes, which are as follows:

"And plaintiff brings this suit in its own name and behalf and also for the use and benefit of other property owners in Jackson County similarly situated who may desire to and shall enter appearance herein and join the purposes of this suit and participate in the costs thereof."

The record discloses that after the site of the courthouse had been determined upon and before the equity suit was brought, options on real estate within the site were secured. One of the options was a ninety-day option with the plaintiff of this suit on property owned by her within said site, described as lots 1109 and 1110 in Block 77 of McGee's Addition in Kansas City, Missouri. This option being under date of December 2, 1931, and based upon a consideration of $70,000.

It appears that long prior to the issues being made up in the aforesaid equity suit, negotiations, between the plaintiff in that suit, defendant herein, and property owners in the site location had been entered into looking to a settlement of the aforesaid equity suit. It further appears that on April 9, 1932, the same being prior to the making up of the issues in the equity suit, a compromise agreement was entered into by and between the plaintiff therein, defendant herein, and the property owners in the location site.

The compromise agreement is so pertinent to the issues herein that we set forth the same in full, as follows:

"Articles of Agreement.

"Articles of Agreement, made and entered into this 9th day of April, 1932, by and between McCoy Land Company, a corporation organized and existing under the laws of the State of Missouri, of the first part, and the undersigned property owners, of the second part, Witnesseth:

"Whereas, heretofore Jackson County acquired options to purchase and acquire title to all of the real property comprised in the city block bounded by Twelfth and Thirteenth Streets, Locust and Oak Streets, in Kansas City, Missouri, as and for a site for a new county courthouse and has indicated its willingness to pay therefor approximately $1,010,000; and,

"Whereas, first party has instituted a certain cause in the Circuit Court of Jackson County, Missouri, attacking the proceedings leading up and pertaining to the acquisition of said new courthouse site, numbered 367435, against Jackson County, Missouri, and certain officials thereof; and,

"Whereas, it is mutually desired by and between the said McCoy Land Company and the undersigned property owners to settle said controversy and to finally dispose of said suit;

"Now, therefore, for mutual considerations, it is agreed by and between said first party and said second parties as follows:

"(1) Each of the undersigned property owners is willing to and will, subject to the terms hereof, sell and convey that part of the property aforesaid by him owned, to Jackson County, Missouri, and make a good, clear and merchantable title thereto at and for the price and sum indicated opposite his or her signature, the aggregate of said prices being approximately $1,010,000.

"(2) Each of said owners forthwith will procure from the Kansas City Title & Trust Company a title guaranty policy as to his or her land, in the usual form, in favor of Jackson County, or a preliminary memorandum that it will issue such a policy on stated conditions, and such ownership forthwith will deposit with the said Title Company a good and sufficient deed or deeds conveying his said parcel of real property aforesaid to Jackson County, to be by said Title Company delivered to the said County upon its payment to the said Title Company of the purchase price thereof herein indicated. (Italics ours.)

"(3) Upon the deposit of such deed or deeds with the said Title Company by the owner, or by as many of them as are competent to make deeds, and upon satisfactory assurances to the Title Company, that the title of all other owners of property in said block will be acquired, the form of such orders, judgments and decrees to be made and entered in the above entitled cause numbered 367435 as shall be agreeable to the said court and as shall be effectual in accomplishing the final disposition of said cause shall be agreed upon by the parties to said cause, the same to be made and entered in said cause when defendants in said cause shall have entered into an agreement with a solvent bidder to buy such an amount of County Courthouse bonds as shall be sufficient to pay for said lands, and the said first party agrees to acquiesce in the judgment or decree of said court as may be made and entered as above expressed and to refrain from seeking to modify or change the said judgment or decree of said court either by appeal, writ of error or otherwise, and in addition thereto the first party, its agents and attorneys agree not to directly or indirectly institute or cause to be instituted any suit or suits directly or indirectly attacking or seeking to challenge in any way whatsoever the proceedings of the said County Court providing for the issuance of bonds, the proceeds of which shall be available and/or be used in acquiring the aforesaid new county courthouse site and in constructing a new courthouse thereon.

"(4) The said Title Company is hereby given full and plenary power to and is instructed to disburse the money or funds it may receive on account of each owner as the purchase price of his or her property, to such person or persons as may be entitled thereto, for the purpose of paying off all liens and encumbrances on his or her property and to pay to the said McCoy Land Company a sum equivalent to three and one-half per cent of the full purchase price of his or her said property for the purpose of compromising and settling and disposing of its said suit, and for the other considerations herein expressed, and...