Johnson's Administrator v. McCune
Supreme Court of Missouri
Appeal from St., Louis Court of Common Pleas. This case has heretofore been before the supreme court. (See 21 Mo. 211.) The plaintiff introduced in evidence a letter of defendant, which is as follows: “ St. Louis, February 7, 1852. Mr. Willis C. Johnson: Dear Sir — I named to you that the company would want your services, last fall when you were about to leave, since which we have made an arrangement with Capt.
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Appeal from St., Louis Court of Common Pleas. This case has heretofore been before the supreme court. (See 21 Mo. 211.) The plaintiff introduced in evidence a letter of defendant, which is as follows: “ St. Louis, February 7, 1852. Mr. Willis C. Johnson: Dear Sir — I named to you that the company would want your services, last fall when you were about to leave, since which we have made an arrangement with Capt. Dean to take charge of the new boat to be called the Jeanie Deans, and you to go with him. You'will please let us know, at your earliest convenience, if it will suit your arrangements…
1Opinion of the CourtNapton, Judge
The instructions in this case are inconsistent with each other. The court declares that McCune’s letter of February, 1852, did not amount to a contract that the Jeanie Deans should be out in April, in accordance with the decision made by this court when the case was here before; (see 21 Mo. 215 ;) but gives the first and second instructions on behalf of the plaintiff, which are altogether based upon the hypothesis that such a contract was made. The only proof of such a contract was McCune’s letter of February, 1852.
*175The plaintiff’s conduct and letter of September 3d, 1852, are not at all…
2Cases cited1 opinion
- Holden v. McFaulSupreme Court of Missouri · 1855
3Cited by2 opinions
- Petroleum Export Corporation v. Kerr SS Co.Court of Appeals for the Ninth Circuit · 1929
- L. N. Jackson & Co. v. Seas Shipping Co.New York Supreme Court · 1945