Legal Opinion

Sooy v. Winter

Missouri Court of Appeals

Decided February 5, 1915PublishedCited by 12 opinions

Appeal from Jackson Circuit Court.—No». A. G.' Southern, Judge. (1) The petition doesn’t'state facts sufficient to constitute a cause of action. (2) Under the pleadings and evidence the finding and judgment should have been for the defendants. The allegations of the petition show that the plaintiff and Hoyt deliberately broke the agreement made with Winter at the time the checks for $1000 were made out and delivered to him.

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Appeal from Jackson Circuit Court.—No». A. G.' Southern, Judge. (1) The petition doesn’t'state facts sufficient to constitute a cause of action. (2) Under the pleadings and evidence the finding and judgment should have been for the defendants. The allegations of the petition show that the plaintiff and Hoyt deliberately broke the agreement made with Winter at the time the checks for $1000 were made out and delivered to him. Under that arrangement and agreement defendants’ principal was entitled to a reasonable time within which to accept or reject the offer. 7 Am. & Eng. Encyc., p. 134, note…

1Opinion of the CourtEllison, P. J.

Plaintiff’s action was instituted to recover $500, the amount of his check jDayable to defendant and cashed by the latter. He recovered judgment in the circuit court.

The controversy arose over a proposal for the purchase of real estate. It appears that the New York Life Insurance Company owns what is known as the Heist Building on Main street in Kansas City. That the chief office and the principal officers of the insurance company are in New York City; but defendants resided in the former city and were the agents for the company’s property in that city. Plaintiff and W. A. Hoyt, acting…

2Cases cited4 opinions

  1. Weaver v. BurrWest Virginia Supreme Court · 1888
  2. Egger v. NesbittSupreme Court of Missouri · 1894
  3. Sarran v. RichardsMissouri Court of Appeals · 1910
  4. Groomer v. McCullyMissouri Court of Appeals · 1902

3Cited by12 opinions

  1. Charles F. Curry and Company v. HedrickSupreme Court of Missouri · 1964
  2. Winningham v. DyoTexas Commission of Appeals · 1932
  3. Peavey v. WellsSupreme Court of Minnesota · 1917
  4. Shortridge v. GhioMissouri Court of Appeals · 1952
  5. Fulenwider v. FulenwiderSupreme Court of Georgia · 1939

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