Gansey v. Orr
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — How. B. Hirzel, Judge. Appellant contends that the trial court erred in holding that the promise of defendants was within the statute of frauds,, and in granting defendants a new trial for that reason.
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Appeal from St. Louis County Circuit Court. — How. B. Hirzel, Judge. Appellant contends that the trial court erred in holding that the promise of defendants was within the statute of frauds,, and in granting defendants a new trial for that reason. The fundamental idea underlying this section of the statute of frauds is, that there is another person who is obligated as principal or original obligor, and for the fulfillment of whose promise or obligation the guarantor or second promisor agrees to answer. In this case, in order to have the promise made by defendants to plaintiff come within the…
1Opinion of the CourtBurgess, J.
This is an action upon an express contract claimed to have been entered into between plaintiff and defendants in the fall of 1890, in respect to which the petition alleges that defendants were at that time organizing .a corporation known as tlie Wm. A. Orr Shoe Company, and that they requested plaintiff to buy shares of the capital stock of said company, and, as an inducement for her to do so, promised and agreed that if said company should fail and not be able to return to its stockholders the moneys they invested in its capital stock, then defendants individually would pay her the amount of…
2Cases cited8 opinions
- Hurt v. FordSupreme Court of Missouri · 1898
- Brown v. AdamsSupreme Court of Alabama · 1827
- Bissig v. BrittonSupreme Court of Missouri · 1875
- Godden v. PiersonSupreme Court of Alabama · 1868
- May v. WilliamsMississippi Supreme Court · 1883
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3Cited by7 opinions
- Wahl v. CunninghamSupreme Court of Missouri · 1928
- Leland v. FordMichigan Supreme Court · 1929
- Ferrell v. MillicanCourt of Appeals of Texas · 1913
- Newbern v. . FisherSupreme Court of North Carolina · 1930
- Waggoner v. DavidsonMissouri Court of Appeals · 1915
2 more not listed; retrieve them via the Exa API.