Legal Opinion

American Hardwood Lumber Co. v. Nickey

Missouri Court of Appeals

Decided March 12, 1901PublishedCited by 1 opinion

Appeal from Butler Circuit Court. — Ron. J. L. Fort, Judge. STATEMENT OE THE CASE. The facts in the record are complicated and must be set out with some fullness to make the controversy clear.

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Appeal from Butler Circuit Court. — Ron. J. L. Fort, Judge. STATEMENT OE THE CASE. The facts in the record are complicated and must be set out with some fullness to make the controversy clear. On the tenth day of September, 1895, the appellant, Leander E. Nickey, and a co-partnership composed of Samson Short and Hugh E. Kilgore, doing business under the style of Short & Kilgore, made a contract by which Nickey leased to the firm certain tracts of land in Butler county, Missouri, for the term of two years or until the merchantable timber thereon had been exhausted, together with a sawmill…

1Opinion of the CourtBland, P. J.

After alleging the substitution of the contract of September 10, 1895, the deposit of the fifteen hundred dollars by Short & Kilgore, with Nickey as provided for by the contract, the petition alleges: “That said Short & Kil,'gore also fully performed said contract upon their part in all other respects until on or about June 15, 1896, when said Nickey refused to further fulfill said contract on his part, and refused to permit said Short & Kilgore to complete the same upon their part, although said Short & Kilgore were at said time ready and willing so to do. That said Short & Kilgore have paid…

2Cases cited7 opinions

  1. State ex rel. Richardson v. JamesSupreme Court of Missouri · 1884
  2. Clemens v. MurphySupreme Court of Missouri · 1867
  3. Dickey v. HeimMissouri Court of Appeals · 1892
  4. Tutt v. PriceMissouri Court of Appeals · 1879
  5. Spurlock v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. State ex rel. Shipman v. AllenMissouri Court of Appeals · 1908

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