Broyhill v. Norton
Supreme Court of Missouri
Appeal from Clay Circuit Court. — Ron. J. W. Alexander, Judge. (1) The petition is fatally defective and does not state a cause of action. Cole v. Holiday, 4 Mo. App. .98; 4 Am. and Eng. Ency. Law (2 Ed.), p. 898; Martin v. Patton, 1 Littell (Ken.) 234; Greenup v. Storer, 3 Gilm. 212; 1 Estee’s Pleadings and Forms (2 Ed.), 502, note 11; 1 Boone’s Estee’s Pleadings (4 Ed.), pp. 738.and 739, secs. 1365 and 1367; 3 Ency.
Read the full summary
Appeal from Clay Circuit Court. — Ron. J. W. Alexander, Judge. (1) The petition is fatally defective and does not state a cause of action. Cole v. Holiday, 4 Mo. App. .98; 4 Am. and Eng. Ency. Law (2 Ed.), p. 898; Martin v. Patton, 1 Littell (Ken.) 234; Greenup v. Storer, 3 Gilm. 212; 1 Estee’s Pleadings and Forms (2 Ed.), 502, note 11; 1 Boone’s Estee’s Pleadings (4 Ed.), pp. 738.and 739, secs. 1365 and 1367; 3 Ency. Pleading and Prac., p. 688; 2 Parsons on Contracts (6 Ed.), pp. 63-64; Worcester’s Unabridged Dictionary; Fible v. Cop-linger, 13 B. Mon. (Ky.) 464; Davis v. Slagle, 27 Mo. 600.…
1Opinion of the Court
VALLIANT, J. J.
— Breach of promise of marriage. The petition is as follows:
“The plaintiff, Lena Broyhill, for her cause of action against the defendant, H. B. Norton, states: That on the 5th day of August, 1899, she was and now is a single woman and unmarried.' That on said date the said defendant proposed to marry plaintiff, and plaintiff accepted said proposition of marriage, no definite time having been fixed for the consummation of their nuptials. That in pursuance of said contract plaintiff made preparations to consummate the same at such time as the said defendant and she might de-.…
2Cases cited6 opinions
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
- Aurora Water Co. v. City of AuroraSupreme Court of Missouri · 1895
- Haymond v. SaucerIndiana Supreme Court · 1882
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1902
- Denslow v. Van HornSupreme Court of Iowa · 1864
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Lee v. W. E. Fuetterer Battery & Supplies Co.Supreme Court of Missouri · 1929
- Waddell v. BriggsSupreme Judicial Court of Maine · 1978
- Huggins v. CareyCourt of Appeals of Texas · 1912
- State ex rel. School District v. DelaneyMissouri Court of Appeals · 1906
- Clemons v. SebaMissouri Court of Appeals · 1908
9 more not listed; retrieve them via the Exa API.