Kellerman v. Kansas City, St. Joseph & Council Bluffs Railroad
Supreme Court of Missouri
Appeal from Nodaway Circuit Court. — Hon. C. A. Anthony, Judge. (1) Plaintiffs are bound by the contract they voluntarily entered into and can not recover more than the agreed valuation. Qwinv. Waggoner, 98 Mo. 315.; O’Brien v. Kinney, 74 Mo. 137;" Railroad v. Cleary, 77 Mo. 634; Campbell v. Van Houton, 44 Mo. App. 238 -, Snider v. Ex. Co., 63 Mo. 376; Brown v. Railroad, 18 Mo. App. 573; Rothschild v. Frensdorf, 21 Mo.
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Appeal from Nodaway Circuit Court. — Hon. C. A. Anthony, Judge. (1) Plaintiffs are bound by the contract they voluntarily entered into and can not recover more than the agreed valuation. Qwinv. Waggoner, 98 Mo. 315.; O’Brien v. Kinney, 74 Mo. 137;" Railroad v. Cleary, 77 Mo. 634; Campbell v. Van Houton, 44 Mo. App. 238 -, Snider v. Ex. Co., 63 Mo. 376; Brown v. Railroad, 18 Mo. App. 573; Rothschild v. Frensdorf, 21 Mo. App. 321. (2) The cases hold that in the absence of fraud or mistake the terms of a contract duly executed by the party, will be enforced even where they omit a material…
1Opinion of the Court
DIVISION TWO.
Burgess, J.
Plaintiffs who were partners at the time of entering into the contract out of which this controversy arose, brought this suit against defendant to recover damages from it, as a common carrier, for the breach of a contract to transport from Maryville, Missouri, to Kansas City, Missouri, one bull.
In the circuit court plaintiffs recovered judgment from which said judgment defendant appealed to the Kansas City court of appeals, where the judgment was affirmed, but- on dissent by one of the members of that *181court the cause was certified to this court on the ground that the…
Also in this document: Per curiam.
2Cases cited13 opinions
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Grace v. AdamsMassachusetts Supreme Judicial Court · 1868
- McFadden v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Belger v. . DinsmoreNew York Court of Appeals · 1872
- Rice v. Kansas Pacific RailwaySupreme Court of Missouri · 1876
8 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Crim v. CrimSupreme Court of Missouri · 1901
- George v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1908
- Johnston v. Covenant Mutual Life InsuranceMissouri Court of Appeals · 1902
- Leicher v. KeeneyMissouri Court of Appeals · 1903
- Richardson v. Chicago & Alton RailroadSupreme Court of Missouri · 1899
31 more not listed; retrieve them via the Exa API.