Rogers & Powers v. Warren
Missouri Court of Appeals
Appeal from the Boone Circuit Court. — Hon. John A. Hockaday, Judge. (1) There is no substantial evidence in this entire record to support the finding and judgment, and in such cases this court will reverse and remand a cause alone upon that ground.
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Appeal from the Boone Circuit Court. — Hon. John A. Hockaday, Judge. (1) There is no substantial evidence in this entire record to support the finding and judgment, and in such cases this court will reverse and remand a cause alone upon that ground. (2) The degree of drunkenness that will enable a person to avoid his express contracts is absolute and excessive drunkenness that suspends the'reason and creates impotence of mind at the time of executing the contract, or assenting thereto. Longhead v. Commission Co., 64 Mo. App. 559; Haneklau v. Eelchlin, 57 Mo. App. 602; Cavender v. Waddingham,…
1Opinion of the Court
Smith, P. J. —
statement. This is a suit for the breach of a written contract by which the defendant agreed to furnish the plaintiffs a mill site and logs in number sufficient to enable plaintiffs to saw out of the same eighty thousand feet of lumber, and for which defendant was to pay fifty cents per hundred feet. The defense pleaded by the defendant’s answer was that, “he never consciously assented to the terms and conditions of the contract.” Though the signature thereto “appears to be his handwriting and he supposes that he affixed it thereto;” that “at the date of said contract '* * * he…
2Cases cited7 opinions
- Hamilton v. BoggessSupreme Court of Missouri · 1876
- Gaines v. FenderSupreme Court of Missouri · 1884
- Swayze v. BrideMissouri Court of Appeals · 1889
- Cavender v. WaddinghamMissouri Court of Appeals · 1878
- Baker v. Kansas City, Clinton & Springfield Railway Co.Missouri Court of Appeals · 1893
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3Cited by3 opinions
- Kansas City, Memphis & Birmingham Railroad v. Southern Railway News Co.Supreme Court of Missouri · 1899
- Scharff v. Southern Illinois Construction Co.Missouri Court of Appeals · 1905
- Pope v. CoxSupreme Court of Missouri · 1967