St. Louis Rawhide Co. v. Hill
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon.. Selden P. Spencer, Judge. Plaintiff can not declare on one contract and recover on another essentially different. Link v. Vaughn, 17 Mo. 585; Clements v. Teates, 69 Id. 623; Leslie v. B. B., 88 Id. 50; Philips v. Mastbrook, 24 Mo. App. 133; Edwards v. Albrecht, 42 Id. 501; Sisney v. Arnold, 28 Id. 571; Crone v. Peters, 63 Mo. 429. This is not a mere variance.
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Appeal from the St. Louis City Circuit Court. — Hon.. Selden P. Spencer, Judge. Plaintiff can not declare on one contract and recover on another essentially different. Link v. Vaughn, 17 Mo. 585; Clements v. Teates, 69 Id. 623; Leslie v. B. B., 88 Id. 50; Philips v. Mastbrook, 24 Mo. App. 133; Edwards v. Albrecht, 42 Id. 501; Sisney v. Arnold, 28 Id. 571; Crone v. Peters, 63 Mo. 429. This is not a mere variance. Law. on Con., sec. 16. Plaintiff failed to perform its part of the contract by a delivery or tender of the balance of the stock. Benj. on Sales, sec. 592. The court erred in admitting…
1Opinion of the CourtBland, P. J.
The petition in this case contained two counts. The first averred that the plaintiff sold to defendant, and defendant purchased of the plaintiff eighty shares of its capital stock, at the agreed price of $25 per share. That defendant had paid $100 of the purchase price and received twenty-five shares of. the stock, but had refused to pay the balance. Judgment was asked for the balance of the agreed purchase price for the-eighty shares of stock — $1,900 and interest.
The second count was for remote, consequential, and unliquidated damages, alleged to have been occasioned for want of funds to…
2Cases cited6 opinions
- Clapp v. PetersonIllinois Supreme Court · 1882
- Gill v. BalisSupreme Court of Missouri · 1880
- Chetlain v. Republic Life InsuranceIllinois Supreme Court · 1877
- Claes & Lehenbeuter Manufacturing Co. v. McCordMissouri Court of Appeals · 1896
- Eggmann v. BlankeMissouri Court of Appeals · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Porter v. Plymouth Gold Mining Co.Montana Supreme Court · 1904
- Chrisman-Sawyer Banking Co. ex rel. Simpson v. Independence Wool Manufacturing Co.Supreme Court of Missouri · 1902
- Kelly v. Central Union Fire InsuranceSupreme Court of Kansas · 1917
- Wilson v. Torchon Lace & Mercantile Co.Missouri Court of Appeals · 1912
- Boley v. Sonora Development Co.Missouri Court of Appeals · 1907
4 more not listed; retrieve them via the Exa API.