Webster v. Myers
Missouri Court of Appeals
Appeal from the Jasper Circuit Cou/rt. — Hon. M. G. McGregor, Judge. In Allen v. Davis, 11 Mo. 479, it is held that, where a note is made payable so soon as the amount can be made on a suit in which B is plaintiff, and the heirs and legal representatives of C are defendants, the note will not be held due until the money is made. In Chandler v. Carey, 8 Am.
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Appeal from the Jasper Circuit Cou/rt. — Hon. M. G. McGregor, Judge. In Allen v. Davis, 11 Mo. 479, it is held that, where a note is made payable so soon as the amount can be made on a suit in which B is plaintiff, and the heirs and legal representatives of C are defendants, the note will not be held due until the money is made. In Chandler v. Carey, 8 Am. St. Rep. 814, 64 Mich. 237, it is held that an agreement to pay A or bearer $100 on or before the first day of next October, upon the completion of work to be done by said A upon a dwelling-house to be built by him is not a promissory note,…
1Opinion of the CourtEllison, J.
— This is an action based on the following instrument of writing executed by defendant to plaintiff, viz.:
“Carthage, Mo., July 21, 1890.
“There is due Geo. Webster as commissions on the sale of my interest in the Herin & Myers mine thirteen hundred dollars ($1,300), said amount to be paid on September 21, 1890, when the balance of the purchase money is paid. Amount due $5,000.”
Plaintiff had judgment below and defendant brings the case here. The trial was without a jury, the court, of its own motion, giving the following declaration of' law: “The court declares the law to be that if *341defendant…
2Cases cited1 opinion
- Tureman v. StephensSupreme Court of Missouri · 1884
3Cited by1 opinion
- Porterfield v. American Surety Co.Court of Appeals of Kansas · 1919