Barker v. Lewis Publishing Co.
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court. — No». John W. McElhinney, Judge. (1) The plaintiff declares upon a-contract whereby defendant agreed to pay $1000 to the person who sent in the greatest number of subscribers before November 15th, and remitted for same prior to December 15th.
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Appeal from St. Louis County Circuit Court. — No». John W. McElhinney, Judge. (1) The plaintiff declares upon a-contract whereby defendant agreed to pay $1000 to the person who sent in the greatest number of subscribers before November 15th, and remitted for same prior to December 15th. The only contract proved required that subscriptions be obtained before November 1st and paid for within thirty days thereafter, and plaintiff sued upon one cause of action and ivas allowed to recover on another. For this complete failure of proof the judgment of the lower court should be reversed. Green v.…
1Opinion of the CourtNortoni, J.
This is a suit on a contract for a prize. Plaintiff recovered and defendant prosecutes the appeal. .
Plaintiff is a farmer and resides in Illinois near the small town of Versailles. Defendant is an incorporated company engaged in the publishing business in the city of St. Louis. About the first of the year 1906, or the latter part of 1905, defendant conceived the plan of launching a new publication, known as the Woman’s National Daily, and announced the fact by advertisement in several of its publications. In such advertisements defendant, said it proposed to commence the publication of the…
2Cases cited9 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Davidson v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Rothrock v. Cordz-Fisher Lumber Co.Supreme Court of Missouri · 1898
- Bryan v. WearSupreme Court of Missouri · 1835
- Hartpence v. RogersSupreme Court of Missouri · 1898
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3Cited by2 opinions
- St. Charles Savings Bank v. Orthwein Investment Co.Missouri Court of Appeals · 1911
- Maratta v. Chas. H. Heer Dry Goods Co.Missouri Court of Appeals · 1915