Johnson v. Kaune
Missouri Court of Appeals
Appeal from Bates Circuit Court, Hon. James B. Gantt, Judge. Statement of case by the court. This action, begun before a justice of the peace, is-for the recovery of the sum of one hundred and sixteen ■f¡¡\ dollars, alleged to be due from the defendants to plaintiff as “profits on the sale of hogs made by plaintiff' on December 10, and by defendants sold for and on plaintiff’s account.” An appeal was taken to the circuit court.
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Appeal from Bates Circuit Court, Hon. James B. Gantt, Judge. Statement of case by the court. This action, begun before a justice of the peace, is-for the recovery of the sum of one hundred and sixteen ■f¡¡\ dollars, alleged to be due from the defendants to plaintiff as “profits on the sale of hogs made by plaintiff' on December 10, and by defendants sold for and on plaintiff’s account.” An appeal was taken to the circuit court. The facts, as testified by the plaintiff, .are as follows : The defendants owned three car loads of hogs, and had them on the cars in transit to Kansas City, consigned…
1Opinion of the CourtHall, J.
— Is the contract in this case a wagering or gambling contract ?
In illustrating the difference between a contract of sale and a wagering contract, Lewis, P. J., said: “Let us suppose a case in which, when the agreement is made, no delivery is contemplated by either party. It is, in fact, agreed that there shall be no exchange of equivalents, real or supposed. A settlement of differences, according to the fluctuations of the market, is all that either party intends, and all that they contract for. For the money that the seller is to receive, if any, he parts with nothing. For the money that…
2Cases cited5 opinions
- Williams v. TiedemannMissouri Court of Appeals · 1878
- Kent v. MiltenbergerMissouri Court of Appeals · 1883
- Waterman v. BucklandMissouri Court of Appeals · 1876
- Buckingham v. FitchMissouri Court of Appeals · 1885
- Townsend v. Chas. H. Heer Dry Goods Co.Supreme Court of Missouri · 1885
3Cited by2 opinions
- Young v. StephensonSupreme Court of Oklahoma · 1921
- Lane v. Logan Grain Co.Missouri Court of Appeals · 1904