Queen City Furniture & Carpet Co. v. Crawford
Supreme Court of Missouri
Appeal from Greene Circuit Court. Neville, Judge. -Hon. Jas. T. (1) The petition declares upon an express contract made by and between the plaintiff and the defendants, and upon this theory must recover. It can'not recover, on the theory of implied contract raised by law, because the defendant corporation had no legal existence. If plaintiffs intended to rely upon the latter theory, the facts should have been pleaded.
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Appeal from Greene Circuit Court. Neville, Judge. -Hon. Jas. T. (1) The petition declares upon an express contract made by and between the plaintiff and the defendants, and upon this theory must recover. It can'not recover, on the theory of implied contract raised by law, because the defendant corporation had no legal existence. If plaintiffs intended to rely upon the latter theory, the facts should have been pleaded. Dougherty v. Matthews, 35 Mo. 520; Waldhier v. Bailroad, 71 Mo. 514; Faulkner v. Faulkner, 73 Mo. 327; Bank v. Campbell, 34 Mo. App. 45; Beed v. Bott, 100 Mo. 62. This is not…
1Opinion of the CourtRobinson, J.
This is a suit against defendants doing business as the Baldwin Theater House Company, to recover the sum of $3,078.04 for carpets, curtains, etc., furnished during December, 1891. The petition is in two counts, the first as aforesaid, and the second for certain goods which were ordered and defendants had failed to receive.
The so-called abstract of appellants is seriously defective; it does not even set out the motion for new trial, nor is the answer of but one defendant set out and that is the separate answer of defendant Crawford, and that, to the original petition filed, and not to the…
2Cases cited7 opinions
- Hurt v. SalisburySupreme Court of Missouri · 1874
- Martin v. FewellSupreme Court of Missouri · 1883
- Heath v. GoslinSupreme Court of Missouri · 1883
- Richardson v. PittsSupreme Court of Missouri · 1879
- Blakely v. BenneckeSupreme Court of Missouri · 1875
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3Cited by31 opinions
- Williams v. St. Louis Public Service Co.Supreme Court of Missouri · 1952
- Harrill v. DavisCourt of Appeals for the Eighth Circuit · 1909
- Long v. LongSupreme Court of Missouri · 1897
- Darling v. BuddySupreme Court of Missouri · 1927
- Medlin v. Ebenezer Methodist ChurchSupreme Court of South Carolina · 1925
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