Curtis v. Sexton
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Row. W. B. Teasdale, Judge. (1) Plaintiff entered into a binding valid contract with Bracking wbo was acting for and on behalf of the firm of Sexton & Bracking in signing said contract, the firm of Sexton & Bracking being the real parties in interest, and showed his final acceptance of said contract by making the cash payment provided in said contract when satisfied with title, etc., and this was a purchase of the property in compliance…
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Appeal from Jackson Circuit Court. — Row. W. B. Teasdale, Judge. (1) Plaintiff entered into a binding valid contract with Bracking wbo was acting for and on behalf of the firm of Sexton & Bracking in signing said contract, the firm of Sexton & Bracking being the real parties in interest, and showed his final acceptance of said contract by making the cash payment provided in said contract when satisfied with title, etc., and this was a purchase of the property in compliance with the requirements in that respect of the contract sued on. Meyers v. Schuchmann, 182 Mo. 159; Greff et v. Will man,…
1Opinion of the CourtValliant, P. J.
Plaintiff sues to recover money which he claims to be due him under a written contract between himself and a firm of which the defendant was a member. Plaintiff does not plead the contract by its legal effect but sets it out in haec verba and alleges that defendant has broken it.
From the documents copied into the petition we gather that the contract which plaintiff attempted to plead is this: January 5, 1888, plaintiff entered into a written contract with one Bracking whereby he agreed to purchase from Bracking an undivided one-sixteenth interest in a certain tract of land called Madison…
2Cases cited2 opinions
- Menefee v. ArnoldSupreme Court of Missouri · 1873
- Brady & Kerby v. City of St. JosephMissouri Court of Appeals · 1900
3Cited by17 opinions
- International Printing Pressmen & Assistants' Union v. SmithTexas Supreme Court · 1946
- Knisely v. LeatheSupreme Court of Missouri · 1914
- International Printing Pressmen & Assitant's Union of North America v. SmithTexas Supreme Court · 1946
- State ex rel. Curtis v. BroaddusSupreme Court of Missouri · 1911
- Home Insurance v. Mercantile Trust Co.Missouri Court of Appeals · 1926
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