McClurg v. Whitney
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. J. D. Perhins, J udge. (1) The construction to be given the contracts was a matter for the court and manifest error was committed in submitting the question to the jury. Chapman v. Railway, 114 Mo. 542; Michael v. Ins. Co., 17 Mo.' App. 23. (2) The contract sued on described no property, shows on its face that it was only a memoranda and was not signed by the plaintiff.
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Appeal from the Jasper Circuit Court. — Hon. J. D. Perhins, J udge. (1) The construction to be given the contracts was a matter for the court and manifest error was committed in submitting the question to the jury. Chapman v. Railway, 114 Mo. 542; Michael v. Ins. Co., 17 Mo.' App. 23. (2) The contract sued on described no property, shows on its face that it was only a memoranda and was not signed by the plaintiff. The contract relied on by the defendant was dated two weeks later, is complete in every detail, describes the property, executed in duplicate and signed by both parties. These facts…
1Opinion of the CourtGill, J.
This is a suit for the recovery of the sum of one hundred and seventy-five dollars, being the amount paid by plaintiff on the execution of an alleged contract for the purchase of some town lots in the town of Ensenada, Lower California. It is alleged in the complaint, filed before a justice of the peace, that defendant failed to carry out his contract to convey the property and plaintiff prayed judgment for return of the advance payment. In his answer, defendant set up, in substance, that the instrument or receipt upon which plaintiff sued was only a memorandum or receipt for the $175, was…
2Cases cited4 opinions
- Chrisman v. HodgesSupreme Court of Missouri · 1882
- Michael v. St. Louis Mutual Fire InsuranceMissouri Court of Appeals · 1885
- Sanders' Pressed Brick Co. v. BarrMissouri Court of Appeals · 1898
- Taylor v. FoxMissouri Court of Appeals · 1885
3Cited by4 opinions
- Arizona-Parral Mining Co. v. ForbesArizona Supreme Court · 1915
- Lower v. HickmanSupreme Court of Arkansas · 1906
- Carman v. HarrahMissouri Court of Appeals · 1914
- Howard v. ScottMissouri Court of Appeals · 1903