Section 2 Jurisdiction

• Library: Remedies 2006

Subject matter jurisdiction to award rescission or cancellation arises from jurisdiction over the underlying cause of action. Once jurisdiction over the underlying cause is established, a claim of an adequate remedy at law is no defense to the remedy of rescission or cancellation. SeeMorris v. Hanssen, 78 S.W.2d 87 (Mo. 1934). The defendant may not choose or override the plaintiff’s properly elected remedy. The Supreme Court of Missouri has sternly...