Corrigan & Waters v. Brady
Missouri Court of Appeals
Appeal from the Jack son, Circuit Court.— Hon. Turner A. Gill, Judge. (1) The last (third amended) petition ordered filed by the court, and upon which the judgment is based, was the substitution of a new and entirely different cause of action, and not an amendment of the original petition, and required different proof.
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Appeal from the Jack son, Circuit Court.— Hon. Turner A. Gill, Judge. (1) The last (third amended) petition ordered filed by the court, and upon which the judgment is based, was the substitution of a new and entirely different cause of action, and not an amendment of the original petition, and required different proof. Lumkin v. Collier, 69 Mo. 174; Fields v. Maloney, 78 Mo. 174, 175; Barker v. Bodes, 79 Mo. 92; Bliss, Code PI. [1 Ed. ] sec. 429; Gibbons v. Steamboat, 40 Mo. 253; Milliken v. Whitehouse, 49 Me. 527 ; Cooper w. Waldron, 50 Me. 80; Sumner v. Brown, 34 Yt. 194; Steffy v.…
1Opinion of the Court
Smith, P. J. —
The petition upon which this case was tried alleged, amongst other things, that the plaintiffs entered into a contract with the defendant whereby the defendant was to convey to them, by deed, Certain real estate in Kansas City for the consideration of sixteen thousand dollars, the receipt of five hundred dollars of which was acknowledged, and whereby defendant was ■to deliver plaintiffs within ten days from the date of. the contract a complete abstract of the title to said real estate. There was this further provision in the contract: “That time should be of the essence of the…
2Cases cited25 opinions
- Hamilton v. BoggessSupreme Court of Missouri · 1876
- State v. RaySupreme Court of Missouri · 1873
- Maxwell v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
- State v. ButlerSupreme Court of Missouri · 1877
- Cook v. St. Louis & Keokuk RailroadSupreme Court of Missouri · 1874
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3Cited by6 opinions
- Lee v. W. E. Fuetterer Battery & Supplies Co.Supreme Court of Missouri · 1929
- Quigley v. KingMissouri Court of Appeals · 1914
- Meyer v. Oregon Interurban Railway Co.Missouri Court of Appeals · 1925
- Tootle, Hosea & Co. v. John J. Lysaght & Co.Missouri Court of Appeals · 1896
- National Life & Accident Co. of Nashville v. LayMissouri Court of Appeals · 1931
1 more not listed; retrieve them via the Exa API.