Suits v. Taylor
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hon. F. M. Black, Judge. Statement of case by tbe court. This is an action to recover for services alleged to bave been rendered defendant by plaintiff. Tbe petition contained two counts. Tbe first alleged that in January, 1882, tbe plaintiff made a voluntary assignment for tbe benefit of creditors to tbe defendant, as assignee, of a lot of goods in Kansas City.
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Appeal from Jackson Circuit Court, Hon. F. M. Black, Judge. Statement of case by tbe court. This is an action to recover for services alleged to bave been rendered defendant by plaintiff. Tbe petition contained two counts. Tbe first alleged that in January, 1882, tbe plaintiff made a voluntary assignment for tbe benefit of creditors to tbe defendant, as assignee, of a lot of goods in Kansas City. That defendant took possession of the goods as such assignee, and employed tbe plaintiff to' assist him in disposing of tbe same, and agreed to pay him for such services at the rate of two hundred…
1Opinion of the CourtPhilips, P. J.
I. It is difficult to determine on what theory the trial court tried this case. It is certainly remarkable that the trial court should find there was no express contract between the parties, when both of them (and they were the only witnesses speaking to this issue) testified that there was an express agreement. They only differ as to the terms of the contract, the one contending that it was unconditional, the other that; it was conditional as to whether the stipulated sum should be paid. The plaintiff, for instance, testified directly, that “the arrangement between defendant and me was, that…
2Cases cited7 opinions
- Northrup v. Mississippi Valley InsuranceSupreme Court of Missouri · 1871
- Greenway v. JamesSupreme Court of Missouri · 1864
- Mansur v. BottsSupreme Court of Missouri · 1883
- Whiting v. SullivanMassachusetts Supreme Judicial Court · 1810
- Cunningham v. SnowSupreme Court of Missouri · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Koch v. HebelMissouri Court of Appeals · 1888
- Kansas City Planing Mill Co. v. BrundageMissouri Court of Appeals · 1887
- Cozad v. ElamMissouri Court of Appeals · 1905
- Bittrick v. GilmoreMissouri Court of Appeals · 1893
- Suddoth v. BryanMissouri Court of Appeals · 1888
3 more not listed; retrieve them via the Exa API.