Legal Opinion

Chicago Mill & Lumber Co. v. Sims

Supreme Court of Missouri

Decided June 19, 1906PublishedCited by 18 opinions

Transferred from St. Louis Court of Appeals. The very point on which the decision was affirmed in the St. Louis Court of Appeals in this case, i. e., that when it became necessary for a foreign corporation to go into court it could cure itself of its infirmity by then complying with the statute, is decided adversely in Tri-State Amusement Co. v. Amusement Co., 192 Mo. 404. As this is the only point in controversy in this case under the pleadings and evidence, and the same,…

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Transferred from St. Louis Court of Appeals. The very point on which the decision was affirmed in the St. Louis Court of Appeals in this case, i. e., that when it became necessary for a foreign corporation to go into court it could cure itself of its infirmity by then complying with the statute, is decided adversely in Tri-State Amusement Co. v. Amusement Co., 192 Mo. 404. As this is the only point in controversy in this case under the pleadings and evidence, and the same, having been decided adversely to the respondent by this court, we ask that the judgment in both courts be reversed. (1) A…

1Opinion of the CourtBurgess, P. J.

This is an action for damages for breach of covenant in a deed executed by the defendant, Sims, on the 29th of November, 1898, conveying to the plaintiff, the Chicago Mill & Lumber Company, a foreign corporation organized under the laws of the State of Illinois, the growing timber on certain lands in Pemiscot county, Missouri. Said deed, which was neither acknowledged nor recorded, allowed the plaintiff to cut and remove the timber within three years from the date thereof.

The covenant of warranty for breach of which this suit was instituted reads as follows:

“I warrant said timber and trees to…

2Cases cited3 opinions

  1. Tri-State Amusement Co. v. Forest Park Highlands Amusement Co.Supreme Court of Missouri · 1905
  2. Ehrhardt v. Robertson Bros.Missouri Court of Appeals · 1899
  3. Chicago Mill & Lumber Co. v. SimsMissouri Court of Appeals · 1903

3Cited by18 opinions

  1. State Ex Rel. Connecticut Fire Insurance v. CoxSupreme Court of Missouri · 1924
  2. United Shoe Machinery Co. v. RamloseSupreme Court of Missouri · 1908
  3. Booth v. ScottSupreme Court of Missouri · 1918
  4. Amalgamated Zinc & Lead Co. v. Bay State Zinc Mining Co.Supreme Court of Missouri · 1909
  5. Flinn v. GillenSupreme Court of Missouri · 1928

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