C. D. Smith Drug Co. v. Saunders
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) The finding does affirmatively state that defendant’s and plaintiff’s transactions were controlled by the written contracts set out in the answer; and if the contract of 1894 was, as alleged, a renewal of the contract of 1893, then the question is upon the construction of said contract.
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Appeal from the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) The finding does affirmatively state that defendant’s and plaintiff’s transactions were controlled by the written contracts set out in the answer; and if the contract of 1894 was, as alleged, a renewal of the contract of 1893, then the question is upon the construction of said contract. The fourth paragraph of the report necessarily implies that the contract for 1893 was renewed and continued for 1894. Defendant could not have been employed in 1894 under a contract made the following year. 28 Am. and Eng. Ency. of Law,…
1Opinion of the CourtEllison, J.
statement. Plaintiff sued defendant on an account for $457.73. Defendant answered by general denial and by setting up certain contracts between the parties whereby plaintiff employed defendant to take charge of plaintiff’s cigar business at a salary of $1,600 per year and one third of the yearly profits of the business if any were realized. The defendant performed the proper service under the contract beginning January 1, 1893, and quitting May 15, 1895. The answer alleged that there were profits in the business for the year 1894 but that plaintiff by charging against said profits *224improper…
2Cases cited6 opinions
- St. Louis Gaslight Co. v. City of St. LouisSupreme Court of Missouri · 1870
- Citizens' Fire Insurance, Security & Land Co. v. DollCourt of Appeals of Maryland · 1872
- Lingenfelder v. Wainwright Brewing Co.Supreme Court of Missouri · 1890
- Vinton v. BaldwinIndiana Supreme Court · 1884
- Sedalia Brewing Co. v. Sedalia Water Works Co.Missouri Court of Appeals · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Ralya v. E. C. Atkins & Co.Indiana Supreme Court · 1901
- Claiborne-Reno Co. v. E. I. Du Pont de Nemours & Co.Court of Appeals for the Eighth Circuit · 1935
- Berry v. Massachusetts Bonding & InsuranceMissouri Court of Appeals · 1920
- John Deere Plow Co. v. CooperMissouri Court of Appeals · 1936
- Foster Woolen Co. v. WollmanMissouri Court of Appeals · 1901
1 more not listed; retrieve them via the Exa API.