Underwood Typewriter Co. v. Century Realty Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.— Hon. Moses N. Sale, Judge. (1) The contract between plaintiff and defendant is mutual and binding. Laclede Construction Co. v. Tudor Iron Works, 169 Mo. 137, 69 S. W. 384. (2) Even though the promise of defendant was Avithout consideration originally, still the performance of the condition by plaintiff relates back to the promise of defendant and clothes it Avith a valid consideration. 7 Am. and Eng.
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Appeal from St. Louis City Circuit Court.— Hon. Moses N. Sale, Judge. (1) The contract between plaintiff and defendant is mutual and binding. Laclede Construction Co. v. Tudor Iron Works, 169 Mo. 137, 69 S. W. 384. (2) Even though the promise of defendant was Avithout consideration originally, still the performance of the condition by plaintiff relates back to the promise of defendant and clothes it Avith a valid consideration. 7 Am. and Eng. Ency. of Law (2 Ed.), p. 115; 9 Cyc. of Law. and Proc., p. 333; School District of K. C. v. Sheidley, 138 Mo. 672, 40 S. W. 656; Lewis v. Life Ins. Co.,…
1DissentBland, P. J.
(dissenting). — Omitting caption, the petition is as follows:
“Now comes the plaintiff in the above-entitled cause and by leave of court first had and obtained, files this, its second amended petition herein, and for cause of action •states that it is a corporation duly organized and existing under and by virtue of the laAvs of the State of New Jersey.
“That the defendant is a corporation organized and *206existing under and by virtue of the laws of the State of Missouri.
“That the plaintiff was formerly known as the Wagner Typewriter Company, but it has duly changed its name to Underwood Typewriter…
2Cases cited8 opinions
- Vogel v. PekocIllinois Supreme Court · 1895
- Davie v. Lumberman's Mining Co.Michigan Supreme Court · 1892
- Blaine v. Publishers George Knapp & Co.Supreme Court of Missouri · 1897
- Koch v. LaySupreme Court of Missouri · 1866
- German v. GilbertMissouri Court of Appeals · 1900
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