David Kellerman & Son v. Kansas City, St. Joseph & Council Bluffs Railroad
Missouri Court of Appeals
Appeal from the Nodaway Circuit Court. — Hon. C. A. Anthony, Judge. (1) It is thus seen that plaintiffs do not claim, first, that the contract was not fairly entered into; or, second, that plaintiffs’ agent was in ignorance of its terms; or, third, misapprehended them; or, fourth, that he did not read the contract. No mistake, imposition, deception, misrepresentation, fraud, unfairness, or oppression is charged, and plaintiffs admit that they signed the contract.
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Appeal from the Nodaway Circuit Court. — Hon. C. A. Anthony, Judge. (1) It is thus seen that plaintiffs do not claim, first, that the contract was not fairly entered into; or, second, that plaintiffs’ agent was in ignorance of its terms; or, third, misapprehended them; or, fourth, that he did not read the contract. No mistake, imposition, deception, misrepresentation, fraud, unfairness, or oppression is charged, and plaintiffs admit that they signed the contract. Under such circumstances, the law will hold that plaintiffs are bound by the contract voluntarily entered into, and will not permit…
1Opinion of the CourtSmith, P. J.
The plaintiffs’ petition alleged inter alia that ‘ defendant corporation, a common carrier, received from plaintiffs onboard of its cars a thoroughbred Shorthorn bull of the value of $250, which defendant agreed, in consideration of the regular tariff rate per car to be paid, to transport from Maryville to St. Joseph; that defendant never carried the bull to the place of destination, nor was said bull ever delivered'to plaintiffs, but had ' been wholly lost to plaintiffs through the negligence of defendant.
Defendant answered denying that it had neglected to perform its duty as a common…
2Cases cited32 opinions
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Magnin v. . DinsmoreNew York Court of Appeals · 1877
- Squire v. New York Central RailroadMassachusetts Supreme Judicial Court · 1867
- Magnin v. . DinsmoreNew York Court of Appeals · 1875
- McFadden v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
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3Cited by5 opinions
- Wyrick v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1898
- Hanson v. Great Northern Railway Co.North Dakota Supreme Court · 1909
- Phoenix Powder Manufacturing Co. v. Wabash RailroadMissouri Court of Appeals · 1903
- Robert v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1910
- Burgher v. Wabash RailroadMissouri Court of Appeals · 1909