Vette v. Merrell Drug Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Now. Robert M. Foster, Judge. (1) Defendant’s guaranty of Solomon & Wise’s contract is an absolute guaranty. Airey v: Pearson, 37 Mo. 424; Wright v. Dyer, 48 Mo. 525; Singer Mfg. Co. v. Hester, 71 Mo. 91; Globe Printing Co. v. Bickley, 73 Mo. App. 499; Osborn v. Lawson, 26 Mo. App. 549; Hill v. Combs, 92 Mr. App. 242; Redfield v. Haight, 27 Conn. 31; McDonald v. Harris, 75 111. App.
Read the full summary
Appeal from St. Louis City Circuit Court. — Now. Robert M. Foster, Judge. (1) Defendant’s guaranty of Solomon & Wise’s contract is an absolute guaranty. Airey v: Pearson, 37 Mo. 424; Wright v. Dyer, 48 Mo. 525; Singer Mfg. Co. v. Hester, 71 Mo. 91; Globe Printing Co. v. Bickley, 73 Mo. App. 499; Osborn v. Lawson, 26 Mo. App. 549; Hill v. Combs, 92 Mr. App. 242; Redfield v. Haight, 27 Conn. 31; McDonald v. Harris, 75 111. App. Ill’; Yager v. Title Co. (Ky.), 66 S. W. 1027; Pierce v. Merrill, 128 Cal. 464; Hoey v. Jarmon, 39 N. J. Law Rep. 523; Prentiss v. Garland, 64 Maine 155; Gaston v.…
1Opinion of the CourtGoode, J.
(after stating the facts). — Defendant’s counsel insist the contract between Glascock on one part and Solomon & Wise on the other was of such a nature that their client was exonerated from liability on it in consequence of plaintiff’s procuring an allowance by the referee in bankruptcy of the present demand against Solomon & Wise. They say Yette, by demanding and getting the furniture and fixtures and demanding also the goods, elected to rescind the entire contract and hence released defendant as guar*240antor for the performance of any part of it. Plaintiff’s counsel insist there was a contract…
2Cases cited4 opinions
- Carroll v. CampbellSupreme Court of Missouri · 1892
- Missouri Moline Plow Co. v. SpilmanDistrict Court, W.D. Missouri · 1902
- Billings v. Cal. Hirsch & Sons Iron & Rail Co.Missouri Court of Appeals · 1900
- Parlin Orendorf Co. v. HordMissouri Court of Appeals · 1899
3Cited by5 opinions
- RCA Corporation v. State Tax Commission of MissouriSupreme Court of Missouri · 1974
- C. G. Conn Co. v. OrrMissouri Court of Appeals · 1910
- Leo Jay Rosen Associates, Inc. v. SchultzDistrict Court of Appeal of Florida · 1963
- In re Price Drug Co.District Court, E.D. Missouri · 1927
- Shearer-Gillett Co. v. JohnsSupreme Court of Florida · 1931