Mitchell v. Branham
Missouri Court of Appeals
Appeal from Madison Circuit Court. — Eon. Ghas. A. Killian, Judge. (1) Tbe petition discloses the illegal and immoral nature of the contract, and that such contract, even though it had been made, was yoid and the petition did not state a cause of action, and defendant’s objection should have been sustained. Turley v. Edwards, 18 Mo. App. 676; Austin y. State, 10 Mo. 591; Peltz y.
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Appeal from Madison Circuit Court. — Eon. Ghas. A. Killian, Judge. (1) Tbe petition discloses the illegal and immoral nature of the contract, and that such contract, even though it had been made, was yoid and the petition did not state a cause of action, and defendant’s objection should have been sustained. Turley v. Edwards, 18 Mo. App. 676; Austin y. State, 10 Mo. 591; Peltz y. Long, 40 Mo. 533; Sumner v. Sumner, 54 Mo. 340. (2) The verdict is excessive, and is not based on the testimony in the case. The verdict is not supported by the testimony. Where the amount of damages can not be…
1Opinion of the CourtBland, P. J.
-The petition alleges, in substance, that in September, 1901, defendant owned a house and lot, in the town of Portageville, New Madrid county, Missouri, also a saloon with bar fixtures and a stock of liquors; that in consideration of the sum of $2,305.75 to him paid by plaintiff, on September 18, 1901, defendant *645conveyed all of said property to the plaintiff, and also agreed to give plaintiff his good will and, as a further consideration for the said sum of $2,305.75, agreed to enter into a written contract that he would not engage in the saloon business in said town of Portageville for a…
2Cases cited3 opinions
- Mitchell v. BranhamMissouri Court of Appeals · 1904
- McClure v. UllmanMissouri Court of Appeals · 1903
- R. L. Gibson & Brother v. JenkinsMissouri Court of Appeals · 1902
3Cited by1 opinion
- Clark v. KingMissouri Court of Appeals · 1914