Morse v. Maddox
Supreme Court of Missouri
Appeal from Jefferson Circuit Court. This was an action brought bj John H. Morse against Thomas H. Maddox, for an alleged violation of the following agreement: “Article of agreement made and entered into between Thomas H. Maddox and John H. Morse, both of the county of Jefferson and state of Missouri, as follows : said Maddox grants, leases, and rents to said Morse, for and during the full term of five years from the tenth day of March, 1849, to the tenth day of March, 1854,…
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Appeal from Jefferson Circuit Court. This was an action brought bj John H. Morse against Thomas H. Maddox, for an alleged violation of the following agreement: “Article of agreement made and entered into between Thomas H. Maddox and John H. Morse, both of the county of Jefferson and state of Missouri, as follows : said Maddox grants, leases, and rents to said Morse, for and during the full term of five years from the tenth day of March, 1849, to the tenth day of March, 1854, the following described premises and privileges : First, said Morse is to have the use and occupation of the farm now…
1Opinion of the CourtRylaND, Judge
This case depends upon the construction of the article of agreement between the parties. The court below construed this agreement as one binding on Maddox to furnish sufficient water power for the driving of the plaintiff’s wheel, in order to operate his machinery in making saddle-trees. The instructions given to the jury tell them that “ Maddox was bound to furnish to Morse sufficient water power to drive a wheel to operate his saddle-tree, factory; and the only condition was, that Morse was not to use that power so as to interfere with Maddox’s grist-mill. If, then, Morse, upon the faith of…
2Cited by8 opinions
- Ward v. FaginSupreme Court of Missouri · 1890
- Clifton v. MontagueWest Virginia Supreme Court · 1895
- Trustees of the Wabash & Erie Canal v. BrettIndiana Supreme Court · 1865
- Roberts v. CotteyMissouri Court of Appeals · 1903
- Fishback v. WoodruffIndiana Supreme Court · 1875
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