Brownlow v. Wollard
Missouri Court of Appeals
Appeal from the Dallas Circuit Court. — Hon. Argus Cox, Judge. (1) The contract sued on must have been supported by a consideration. Peck v. Harris, 57 Mo. App. 467. If there was a whole or partial failure of consideration it was a good defense to this case. R. S. 1889, sec. 2090; Wade v. Scott, 7 Mo. 509; Gamache v. Grimm, 23 Mo. 38; Paragraph 6 of Brown-low v. Wollard, 61 Mo.
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Appeal from the Dallas Circuit Court. — Hon. Argus Cox, Judge. (1) The contract sued on must have been supported by a consideration. Peck v. Harris, 57 Mo. App. 467. If there was a whole or partial failure of consideration it was a good defense to this case. R. S. 1889, sec. 2090; Wade v. Scott, 7 Mo. 509; Gamache v. Grimm, 23 Mo. 38; Paragraph 6 of Brown-low v. Wollard, 61 Mo. App.' 124. While it seems to be conceded that as to the Kansas lands there was a failure of consideration, there was also a whole or partial failure as to the Dallas county lands. It was falsely represented by…
1Opinion of the CourtSmith, P. J.
The case disclosed by the record before us is about this:
One Ball recovered judgment on a promissory note for $1,219.33 against J. M. Wollard, and the plaintiff and defendant, the latter two of whom were sureties of the former. Some months after the rendition of the judgment, the plaintiff and defendant entered into a written agreement, which will be found set forth, in extenso, in the report of the case when it was here on another occasion, 61 Mo. App. 124.
It does not appear that the said J. M. Wollard executed a deed to the defendant for the land described *639in the said written agreement, but…
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- Norton v. . CoonsNew York Court of Appeals · 1851
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