Legal Opinion

Huse & Loomis Ice & Transportation Co. v. Heinze

Supreme Court of Missouri

Decided October 15, 1890PublishedCited by 7 opinions

Appeal from St. Louis County Circuit Court. — Hon. W. W. Edwards, Judge. Defendant is sued as administrator of the estate of John Cromie.

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Appeal from St. Louis County Circuit Court. — Hon. W. W. Edwards, Judge. Defendant is sued as administrator of the estate of John Cromie. Plaintiff’s claim is as assignee of Frances E. Stephens for breach of a contract between the latter and Mr. Cromie, as follows : “Articles of agreement made and entered into this fourteenth day of Jone, A. D. 1878, at Chicago, Illinois by and between Prances E. Stephens, of St. Louis, Missouri; John Cromie, of Louisville, Kentucky, to-wit: Frances E. Stephens, being the holder of options from I. C. Marine, H. Metcalf, Mr. Gribson, Mr. Mueller, R. Gr.…

1Opinion of the CourtB ancla y, J.

— The position of defendant here, as stated in the brief, and presumably. that of the trial court when ruling that plaintiff could not' recover, is “that the contract is so vague 'and indefinite in its terms and provisions as that it is void for uncertainty, and that the courts of the land can, therefore, give no remedy for the supposed breach thereof.”

It should be borne in mind that Mrs. Stephens (in whose place plaintiff stands) having previously secured “options” on the lands mentioned, bordering on Creve Ccour Lake, St. Louis county, afterwards obtained deeds therefor “in the name of” Mr.…

2Cases cited2 opinions

  1. O'Brien v. . Home Benefit SocietyNew York Court of Appeals · 1889
  2. Kirschmann v. LediardNew York Supreme Court · 1872

3Cited by7 opinions

  1. Blagen v. ThompsonOregon Supreme Court · 1892
  2. Aiple-Hemmelmann Real Estate Co. v. SpelbrinkSupreme Court of Missouri · 1908
  3. Mabrey v. Cape Girardeau & Jackson Gravel Road Co.Missouri Court of Appeals · 1902
  4. McWilliams v. AltemusSupreme Court of Pennsylvania · 1926
  5. First National Bank v. ParkSupreme Court of Iowa · 1902

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