Parlin & Orendorff Co. v. Boatman
Missouri Court of Appeals
Error from the Boone Circuit Court.—Eon. J. A. Hochaday, Judge. (1) Since the petition disclosed that the plaintiff was a foreign corporation engaged in business in this state, it was fatally defective in failing to allege a state of facts showing its right to carry on business-here. Laws of 1891, p. 75; Blevins v. Eairley, 71 Mo.
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Error from the Boone Circuit Court.—Eon. J. A. Hochaday, Judge. (1) Since the petition disclosed that the plaintiff was a foreign corporation engaged in business in this state, it was fatally defective in failing to allege a state of facts showing its right to carry on business-here. Laws of 1891, p. 75; Blevins v. Eairley, 71 Mo. App. 259. (2) The petition in this case declared upon a single written contract of purchase, by which, it is alleged, the defendant ordered and bought of the plaintiff certain agricultural implements, etc., to the amount of $829.74. These two orders or contracts…
1Opinion of the CourtSmith, P. J.
On January 27, 1898, the plaintiff’s traveling salesman entered into two written contracts with defendant, by the former of which the plaintiff sold defendant certain plows therein described at the prices-therein specified, and by the latter of which the plaintiff sold the defendant certain vehicles therein described at the prices therein specified. The two sales in the aggregate amounted to $829.79. It was provided in each of the contracts that the defendant agreed “not to countermand this order except on payment of twenty per cent of the net amount of goods hereby purchased as liquidated…
2Cases cited12 opinions
- Sexton v. AndersonSupreme Court of Missouri · 1888
- Nickels v. People's Building, Loan & Saving Ass'nSupreme Court of Virginia · 1896
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- Basye v. AmbroseSupreme Court of Missouri · 1859
- MacDonald v. WolffMissouri Court of Appeals · 1890
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3Cited by14 opinions
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- State ex rel. Kendrick v. HudsonMissouri Court of Appeals · 1901
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