Garrett v. Kansas City Coal Mining Co.
Supreme Court of Missouri
Appeal from, Jackson Circuit Court. — Host. James Q-ibson, Judge. (1) The clear preponderance of the testimony is, that G-arrett had failed to carry out his agreements with Perry, Smith and Long, and that he and Wilson had lost, all rights under their original agreement made with the former. This was established by not only the testimony of each and all of the defendants, but by the unquestioned evidence of several disinterested witnesses.
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Appeal from, Jackson Circuit Court. — Host. James Q-ibson, Judge. (1) The clear preponderance of the testimony is, that G-arrett had failed to carry out his agreements with Perry, Smith and Long, and that he and Wilson had lost, all rights under their original agreement made with the former. This was established by not only the testimony of each and all of the defendants, but by the unquestioned evidence of several disinterested witnesses. For this reason the plaintiff is not entitled to recover. (2) The plaintiff acted in bad faith in obtaining the agreements upon which he founds his action…
1Opinion of the CourtMagfaklake, J.
This is a suit in equity to compel the defendants, a corporation, and its shareholders and directors, to issue to plaintiff certain shares of stock in said corporation and to register the transfer of such shares in the books of the corporation.
The petition charges that on the twentieth day of April, 1888, he and defendants, Perry, Smith and Long, owned and held contracts on large quantities of coal land in Morgan county, comprising the “Stover Coal Mines” and other land; that on that day he, said Perry and. Smith entered into contract with one E. E. Wilson, by which it was agreed that Wilson…
2Cases cited4 opinions
- Kitchen v. GreenabaumSupreme Court of Missouri · 1875
- Liebke v. KnappSupreme Court of Missouri · 1883
- Green v. CorriganSupreme Court of Missouri · 1885
- Chouteau, Harrison & Valle v. DeanMissouri Court of Appeals · 1879
3Cited by12 opinions
- Van Cleve v. BerkeySupreme Court of Missouri · 1898
- Hess Warming & Ventilating Co. v. Burlington Grain Elevator Co.Supreme Court of Missouri · 1919
- Webster v. Webster Refining Co. of OkmulgeeSupreme Court of Oklahoma · 1912
- Mudge v. Black, Sheridan & WilsonCourt of Appeals for the Eighth Circuit · 1915
- Vogeler v. PunchSupreme Court of Missouri · 1907
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