Underwood Typewriter Co. v. Century Realty Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.— Hon. Moses N. Sale, Judge. (1) The contract between plaintiff and defendant is mutual and binding. Laclede Construction Co. v. Tudor Iron Works, 169 Mo. 137, 69 S. W. 384. (2) Even though the promise of defendant was Avithout consideration originally, still the performance of the condition by plaintiff relates back to the promise of defendant and clothes it Avith a valid consideration. 7 Am. and Eng.
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Appeal from St. Louis City Circuit Court.— Hon. Moses N. Sale, Judge. (1) The contract between plaintiff and defendant is mutual and binding. Laclede Construction Co. v. Tudor Iron Works, 169 Mo. 137, 69 S. W. 384. (2) Even though the promise of defendant was Avithout consideration originally, still the performance of the condition by plaintiff relates back to the promise of defendant and clothes it Avith a valid consideration. 7 Am. and Eng. Ency. of Law (2 Ed.), p. 115; 9 Cyc. of Law. and Proc., p. 333; School District of K. C. v. Sheidley, 138 Mo. 672, 40 S. W. 656; Lewis v. Life Ins. Co.,…
1Opinion of the CourtNortoni, J.
(after stating the facts:). — The material. facts alleged are: first, that on December 5, 1900, plaintiff became lessee of the premises described in the petition under a written lease executed by defendant for a term of five years; second, that under the terms of said lease, plaintiff was prohibited from subletting the premises or assigning the lease without first obtaining the *201written consent of the defendant on the hack of the said written lease; third, that the defendant afterwards, during the term of the lease, made its promise in writing to the plaintiff to give its written consent on…
Also in this document: Concurrence.
2Cases cited10 opinions
- Halsa v. HalsaSupreme Court of Missouri · 1843
- School District v. SheidleySupreme Court of Missouri · 1897
- Laclede Construction Co. v. Tudor Iron WorksSupreme Court of Missouri · 1902
- Doggett v. Railroad Co.Supreme Court of the United States · 1879
- Blaine v. Publishers George Knapp & Co.Supreme Court of Missouri · 1897
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3Cited by8 opinions
- Beebe v. the Columbia Axle Co.Missouri Court of Appeals · 1938
- Loud v. St. Louis Union Trust Co.Supreme Court of Missouri · 1926
- Underwood Typewriter Co. v. Century Realty Co.Supreme Court of Missouri · 1909
- Delmo, Inc. v. Maxima Electrical Sales, Inc.Missouri Court of Appeals · 1994
- Underwood Typewriter Co. v. Century Realty Co.Missouri Court of Appeals · 1912
3 more not listed; retrieve them via the Exa API.