Bagnell Timber Co. v. Missouri, Kansas & Texas Railway Co.
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Eon. Louis Hoffman, Judge. (1) Notwithstanding this action was brought on a contract alleged to have been made by plaintiff with defendant railway company and the firm of Graham & Miller, and the evidence fails to prove that both said defendants were parties to the contract, the plaintiff may recover against the railway company, if the evidence shows that it alone was a party to such contract.
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Appeal from Pettis Circuit Court. — Eon. Louis Hoffman, Judge. (1) Notwithstanding this action was brought on a contract alleged to have been made by plaintiff with defendant railway company and the firm of Graham & Miller, and the evidence fails to prove that both said defendants were parties to the contract, the plaintiff may recover against the railway company, if the evidence shows that it alone was a party to such contract. Sec. 1981, R. S. 1909; Campbell v. Hood, 6 Mo. 216; Finney v. Allen, 7 Mo. 419; Brown v. Pearson, 8 Mo. 161; Crews v. Lackland, 67 Mo. 621; Dissenting opinion of…
1Opinion of the CourtWoodson, J.
In the year 1900, the plaintiff instituted this suit against the defendant railway company, and L. G. Graham and J. T. Miller, partners, to recover the sum of $5421.50, a balance due it, under a contract alleged to have been made and entered into *15by and between them, whereby the former agreed to and did sell and deliver to the latter 50,000 railroad ties, for the price of forty-three cents per tie for first class, and thirty-three cents per tie for culls.
The answer of the railroad company was very lengthy, consisting of a number of specific pleas, most of which are immaterial in so far as…
2Cases cited8 opinions
- Mangold v. BaconSupreme Court of Missouri · 1911
- May v. CrawfordSupreme Court of Missouri · 1899
- Rutledge v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Bird v. SellersSupreme Court of Missouri · 1894
- Viertel v. ViertelSupreme Court of Missouri · 1908
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Missouri, Kansas & Texas Railway Co. v. American Surety Co.Supreme Court of Missouri · 1921
- Hutchinson v. Richmond Safety Gate Co.Supreme Court of Missouri · 1912
- Winn v. Kansas City Belt Railway Co.Supreme Court of Missouri · 1912
- Stanley v. WhitlowMissouri Court of Appeals · 1914
- Lee & Boutell Co. v. C. A. Brockett Cement Co.Supreme Court of Missouri · 1937
17 more not listed; retrieve them via the Exa API.