Campbell v. American Handle Co.
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — No». Henry G. Riley, Judge. (1) The court erred in refusing to sustain the demurrer to the evidence. The plaintiff had failed to make out any case against the defendant. Even upon his own testimony (and he was the only witness for plaintiff who undertook to say what the contract was), he had made no contract with defendant enforcible at law.
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Appeal from Pemiscot Circuit Court. — No». Henry G. Riley, Judge. (1) The court erred in refusing to sustain the demurrer to the evidence. The plaintiff had failed to make out any case against the defendant. Even upon his own testimony (and he was the only witness for plaintiff who undertook to say what the contract was), he had made no contract with defendant enforcible at law. He refused to swear that he even obligated himself to> use diligence in carrying out, on his part, the alleged contract. This contract was, as to that portion unfulfilled on October 28, 1903, void for lack of…
1Opinion of the CourtBland, P. J.
The petition contains two counts. The second count was abandoned at the trial. The first count alleges that the plaintiff and defendant (a corporation) on August 28,1903, contracted with each other as follows: Plaintiff was to cut and deliver at defendant’s factory in the city of Caruthersville, Missouri, ash timber of the lengths of six feet and two inches and four feet and nine inches, and none less than seven inches in diameter at the small end, at the price and sum of $4.50 per cord, and all ash suitable size for saw-stocks to be cut in lengths of twelve feet and four inches, fourteen…
2Cases cited3 opinions
- Cold Blast Transp. Co. v. Kansas City Bolt & Nut Co.Court of Appeals for the Eighth Circuit · 1902
- Crane v. C. Crane & Co.Court of Appeals for the Seventh Circuit · 1901
- Bailey v. AustrianSupreme Court of Minnesota · 1873
3Cited by20 opinions
- Feinberg v. Pfeiffer CompanyMissouri Court of Appeals · 1959
- Lewis v. Minnesota Mutual Life InsuranceSupreme Court of Iowa · 1949
- El Dorado Ice & Planing Mill Co. v. KinardSupreme Court of Arkansas · 1910
- Hudson v. BrowningSupreme Court of Missouri · 1915
- Dark Tobacco Growers' Co-op. Ass'n v. MasonTennessee Supreme Court · 1923
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