Slover v. Rock
Missouri Court of Appeals
Appeal from Mercer Circuit Court. — How. Paris G. Stepp, Judge. (1) The unexecuted oral agreement between Slover and Rock is a nullity in law. It constituted no obstacle to Rock’s right to enforce his $493 note and mortgage. It was an accord, without any satisfaction. Dry Goods Co. v. Goss, 65 Mo. App. 59: Vining v. Ins. Co., 89 Mo. App. 315; Wilkerson v. Bruce, 37 Mo. App. 159; Barton Bros. v. Hunter, 59 Mo. App. 618; Shaw v. Burton, 5 Mo. 478; Russell v. Lytle, 22 Am.
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Appeal from Mercer Circuit Court. — How. Paris G. Stepp, Judge. (1) The unexecuted oral agreement between Slover and Rock is a nullity in law. It constituted no obstacle to Rock’s right to enforce his $493 note and mortgage. It was an accord, without any satisfaction. Dry Goods Co. v. Goss, 65 Mo. App. 59: Vining v. Ins. Co., 89 Mo. App. 315; Wilkerson v. Bruce, 37 Mo. App. 159; Barton Bros. v. Hunter, 59 Mo. App. 618; Shaw v. Burton, 5 Mo. 478; Russell v. Lytle, 22 Am. Dec. 537; Bank v. DeGrauw, 35 Am. Dec. 569; Hearn v. Kiehl, 80 Am. Dec. 472; Young v. Jones, 18 Am. Rep. 279;. 1 Ove. L. and…
1Opinion of the CourtBroaddijs, J.
This suit was begun before a justice of the peace, where it was tried, appeal taken to the circuit court of the county, where on trial anew, plaintiff obtained judgment, from which defendant appealed.
The plaintiff went to trial upon the following amended statement, omitting the caption, viz.: ‘ ‘ Comes, now the plaintiff, and for cause of action and amended statement, and says, that Joshua Rock is indebted to-plaintiff in .the sum of $100, money had and received, which is due plaintiff.
“For a second cause of action and account,-the plaintiff states that the defendant is indebted to…
2Cases cited1 opinion
- Vining v. Franklin Fire InsuranceMissouri Court of Appeals · 1901
3Cited by5 opinions
- Ferguson v. Butler CountySupreme Court of Missouri · 1923
- McGinnis v. RolfMissouri Court of Appeals · 1945
- Field v. Natl. City Bank of St. LouisSupreme Court of Missouri · 1938
- Chapman v. AdamsMissouri Court of Appeals · 1920
- Simmons v. Globe Printing Co.Missouri Court of Appeals · 1919