Clark v. Cable
Supreme Court of Missouri
Error to St. Louis Circuit Court. Action for the breach of a contract for the sale of a boat. The petition stated that the defendant, George W. Cable, by an agreement between him, as party of the first part, and the plaintiff and defendant, Bofinger, as parties of the second part, sold to the latter thirteen-sixteenths of the steamboat L. M. Kennett, then on her way from New Orleans to St. Louis, in consideration of which said plaintiff and Bofinger agreed ¡ to pay him…
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Error to St. Louis Circuit Court. Action for the breach of a contract for the sale of a boat. The petition stated that the defendant, George W. Cable, by an agreement between him, as party of the first part, and the plaintiff and defendant, Bofinger, as parties of the second part, sold to the latter thirteen-sixteenths of the steamboat L. M. Kennett, then on her way from New Orleans to St. Louis, in consideration of which said plaintiff and Bofinger agreed ¡ to pay him $26,000 ; that it was further provided in said agreement that the plaintiff took an interest of nine-sixteenths, for which he…
1Opinion of the CourtScott, Judge
There is nothing in the present practice act which affects the law of joint contracts.' That act deals only with the mode of procedure, and does not affect the law of contracts, as it existed prior to its enactment. If, therefore, an obligation is executed to two jointly, they must both sue upon it. One of the joint obligees, without the concurrence of the other, cannot maintain an action upon a joint contract. Unless both agree, there can be no action upon it. The repudiation of the contract by one of them discharges the obligor. One of two joint ob-ligees can release a joint obligation. It…
2Cited by20 opinions
- Priest v. OehlerSupreme Court of Missouri · 1931
- Justus v. WebbMissouri Court of Appeals · 1982
- Rainey v. SmizerSupreme Court of Missouri · 1859
- Ryan v. RiddleSupreme Court of Missouri · 1883
- State Ex Rel. Massman Construction Co. v. ShainSupreme Court of Missouri · 1939
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