Jones v. Louderman
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. The petition was as follows : “ Plaintiff states that on the fifth day of September, 1862, the defendant made and entered into the following agreement, herewith filed and marked ‘Exhibit A.,’ whereby the defendant, among other things, agreed and covenanted with the plaintiff that in consideration of the said plaintiff releasing, selling and conveying to the said defendant all his title and interest, in law or equity, in and to a…
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Appeal from St. Louis Court of Common Pleas. The petition was as follows : “ Plaintiff states that on the fifth day of September, 1862, the defendant made and entered into the following agreement, herewith filed and marked ‘Exhibit A.,’ whereby the defendant, among other things, agreed and covenanted with the plaintiff that in consideration of the said plaintiff releasing, selling and conveying to the said defendant all his title and interest, in law or equity, in and to a certain lease therein described, and which is herewith filed and marked ‘ Exhibit B.,’ that he (thq defendant), on the…
1Opinion of the CourtWagnek, Judge
The first objection urged by the appellant is that there was a variance between the contract as set out in the petition and the one read in evidence. In declaring upon a written instrument or contract, it is not necessary that it should be set out in precise and identical terms, but if it is pleaded according to its legal meaning and effect it will be sufficient.
The code of practice has not changed the well-known rule of evidence as it existed at common law, that the allegations and the proofs must substantially correspond. A party cannot declare for one cause of action and recover on an…
2Cases cited4 opinions
- Shaler v. Van WormerSupreme Court of Missouri · 1863
- Richardson v. FarmerSupreme Court of Missouri · 1865
- Palmer v. HunterSupreme Court of Missouri · 1844
- Frost v. PryorSupreme Court of Missouri · 1842
3Cited by14 opinions
- Leslie v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Munchow v. MunchowMissouri Court of Appeals · 1902
- Murphy v. North British & Mercantile InsuranceMissouri Court of Appeals · 1897
- Haggerty v. St. Louis, Keokuk & Northwestern RailroadMissouri Court of Appeals · 1903
- Santo v. MaynardSupreme Court of Connecticut · 1889
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