Bates v. Holladay
Missouri Court of Appeals
Appeal from tlie Butler Circuit Court, Hon. John G. Wear, Judge. The allegation in the answer, that Gfeo. Bates, co-plaintiff, as agent, on or about the --- day of August, 1884, abrogated said contract, does not present an issue upon that subject, it not appearing that he had any power or authority to do so; nor before a breach by defendant •of .the contract; nor did defendant act promptly upon It. Edwards ®. Weeks, Fourche’s Sel.
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Appeal from tlie Butler Circuit Court, Hon. John G. Wear, Judge. The allegation in the answer, that Gfeo. Bates, co-plaintiff, as agent, on or about the --- day of August, 1884, abrogated said contract, does not present an issue upon that subject, it not appearing that he had any power or authority to do so; nor before a breach by defendant •of .the contract; nor did defendant act promptly upon It. Edwards ®. Weeks, Fourche’s Sel. Cas. 699 ; Melton v. Smith, 65 Mo. 315. George Bates’ declarations, if true, in the absence of P. E. Bates, for whom he acted as special agent only, were not…
1Opinion of the CourtThompson, J.
This is an action brought by a married woman, with whom her husband is joined, to recover liquidated damages for the breach of a contract. The answer, after a general denial, admitted the contract, setting it out in detail. It then pleaded various breaches of it. It also pleaded a subsequent parol modification of it, and a breach of the supplementary parol agreement; and claimed damages for these breaches by way of counterclaim. A trial was had before a jury, who returned the *166following verdict: “We, the jury, find the issues for the defendant and assess his damages at the sum of one hundred…
Also in this document: Concurrence.
2Cases cited2 opinions
- State v. DownsSupreme Court of Missouri · 1886
- McGinness v. MitchellMissouri Court of Appeals · 1886
3Cited by5 opinions
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- Roby v. StateWyoming Supreme Court · 1978
- Roby v. StateWyoming Supreme Court · 1978