Mulliken v. Haseltine
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Ho». Alfred Page, Judge. (1) Where a new contract is substituted for an old one they are not to be construed together. Oberbeck v. Club Co., 17 Mo. App. 310. (2.) Tbe plaintiff must declare and rely on tbe second contract, tbe first is gone. Munford v. Wilson, 15 Mo. 540; Sanitz v. King, 93 Mo. 513. (3) A mere proposition must, to constitue a valid agreement, be accepted in writing.
Read the full summary
Appeal from Greene Circuit Court. — Ho». Alfred Page, Judge. (1) Where a new contract is substituted for an old one they are not to be construed together. Oberbeck v. Club Co., 17 Mo. App. 310. (2.) Tbe plaintiff must declare and rely on tbe second contract, tbe first is gone. Munford v. Wilson, 15 Mo. 540; Sanitz v. King, 93 Mo. 513. (3) A mere proposition must, to constitue a valid agreement, be accepted in writing. G-reenbaum v. Adair, 60 Mo. 25. (4) It is illegal for a company to sell its stock and agree to buy it back. It would therefore be illegal for its officers to make such an…
1Opinion of the Court
GRAY, J. —
Suit to recover from the appellants $2000 which plaintiff claims they owe him on a contract. to purchase certain shares of stock in a corporation known as Ozark Medicine Company. The petition alleges that on the 22nd day of August, 1906, defendants were stockholders, officers arid directors of the corporation, and were personally interested in consummating a sale to plaintiff of forty shares of the corporation stock for $2000, and as an inducement and consideration for plaintiff' to buy said stock, defendants agreed, by their written contract of that date, to repurchase from…
2Cases cited5 opinions
- Trenholm v. KloepperNebraska Supreme Court · 1911
- Welch v. MischkeMissouri Court of Appeals · 1911
- Raiche v. MorrisonMontana Supreme Court · 1908
- Tilton v. WhittemoreMassachusetts Supreme Judicial Court · 1909
- Cannon-Weiner Elevator Co. v. BoswellMissouri Court of Appeals · 1906
3Cited by2 opinions
- Davis v. CulmerMissouri Court of Appeals · 1927
- Smith v. CraneMissouri Court of Appeals · 1913