Legal Opinion

England v. Denham

Missouri Court of Appeals

Decided March 1, 1902PublishedCited by 3 opinions

Appeal from Newton Circuit Court. — Hon. Henry 0. Pepper, Judge. (1) If the defendants had filed a general denial, supported by affidavit, instead of admitting the execution of the contract, they could not have given-evidence of its subsequent alteration because not pleaded.

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Appeal from Newton Circuit Court. — Hon. Henry 0. Pepper, Judge. (1) If the defendants had filed a general denial, supported by affidavit, instead of admitting the execution of the contract, they could not have given-evidence of its subsequent alteration because not pleaded. If the defendant claims that the alteration of the instrument is made before its delivery, he can raise the question by a plea of non est factum, supported by affidavit as required by statute; but where, a3 in this ease, the defendants claim an alteration in the contract subsequent to its delivery, he must clearly and…

1Opinion of the CourtBland, P. J.

The petition, omitting caption, is as. follows:

“Plaintiff for cause of action states that on the twelfth day of June, 1900, defendants entered into a written contract and agreement with plaintiff as follows:
*16“contract."
“Kind of design, stump.
“Kind of material, marble, gray marble, Bedford.
“Name of city or postoffice, Granby.
“Date, June 12, 1900.
“Die, 6-Oxl-8.
“James England, Neosbo, Mo., please deliver for us at Granby cemetery, State of Missouri, about the first day of August, 1900, or as soon thereafter as convenient, the work described in this contract, inscribed as follows and the…

2Cases cited5 opinions

  1. Northrup v. Mississippi Valley InsuranceSupreme Court of Missouri · 1871
  2. Hudson v. Wabash Western Railway Co.Supreme Court of Missouri · 1890
  3. Thomas v. MooreMissouri Court of Appeals · 1891
  4. Phister v. GoveMissouri Court of Appeals · 1892
  5. Meier v. Proctor & Gamble Co.Missouri Court of Appeals · 1899

3Cited by3 opinions

  1. Gabriel v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1908
  2. Stringer v. Geiser Manufacturing Co.Missouri Court of Appeals · 1914
  3. Clark v. KingMissouri Court of Appeals · 1914

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