Pickering v. Mississippi Valley National Telegraph Co.
Supreme Court of Missouri
Error to St. Louis Circuit Court. I. The third and fourth counts of the petition do not state facts sufficient to constitute a cause of action. (Langford et at. v. Sanger et al., 40 Mo. 160 ; House v. Lovell et al., 45 Mo. 381.) The counts fail to allege performance on his part by the defendant in error of conditions by him to be performed. An averment signifies a positive statement of fact in opposition to argument or inference. (1 Chit.
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Error to St. Louis Circuit Court. I. The third and fourth counts of the petition do not state facts sufficient to constitute a cause of action. (Langford et at. v. Sanger et al., 40 Mo. 160 ; House v. Lovell et al., 45 Mo. 381.) The counts fail to allege performance on his part by the defendant in error of conditions by him to be performed. An averment signifies a positive statement of fact in opposition to argument or inference. (1 Chit. PI., 8th Am. ed., § 321.) The defendant in error must have averred performance or an excuse for nonperformance. {Id., § 326.) Performance, or readiness to…
1Opinion of the CourtCurrier, Judge
The parties contracted together in writing as follows : The defendants agreed to furnish the poles and other material for a telegraph line from Keokuk, Iowa, to St. Louis, a distance of 214 miles. The poles were to be supplied at different points along the Mississippi river bank in the time and manner pointed out in the contract. The plaintiff agreed to distribute the poles from the points where they were to be left and to construct the telegraph line at $40 a mile. Three of the counts in the petition are based upon alleged breaches of the contract on the part of the defendants. The breaches…
2Cases cited2 opinions
- House v. LowellSupreme Court of Missouri · 1870
- Chamberlin v. ScottSupreme Court of Vermont · 1860
3Cited by21 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- State Ex Rel. Westhues v. SullivanSupreme Court of Missouri · 1920
- Hanson v. NealSupreme Court of Missouri · 1908
- Grover Irrigation & Land Co. v. Lovella Ditch, Reservoir & Irrigation Co.Wyoming Supreme Court · 1913
- Liese v. MeyerSupreme Court of Missouri · 1898
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